2022, 07-19 Study Session AgendaAGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION
Tuesday, July 19, 2022 6:00 p.m.
Remotely via ZOOM Meeting and
In Person at 10210 E Sprague Avenue
Council Requests Please Silence Your Cell Phones During Council Meeting
NOTE: In response to Governor Inslee's announcement reopening Washington under the "Washington
Ready" plan, members of the public may attend Spokane Valley Council meetings in -person at City Hall
at the address provided above, or via Zoom at the link below. Members of the public will be allowed to
comment in -person or via Zoom as described below. Public comments will only be accepted for those items
noted on the agenda as "public comment opportunity." If wishing to make a comment via Zoom, comments
must be received by 4:00 pm the day of the meeting. Otherwise, comments will be taken in -person at the
meeting in Council Chambers, as noted on the agenda below.
• Sign up to Provide Oral Public Comment at the Meeting via Calling -In
• Submit Written Public Comment Prior to the Meeting
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CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
ACTION ITEMS:
1. Resolution 22-014 WEDFA Revenue Bonds — Susan Nielsen [public comment opportunity]
2. Motion Consideration: Department of Ecology Grant Termination — Bill Helbig
[public comment opportunity]
3. Motion Consideration: Potential Grant Opportunity — WSDOT Railroad Crossing Grant Program —
Bill Helbig [public comment opportunity]
4. Motion Consideration: Opioid Distributor Settlement Agreement — Tony Beattie
[public comment opportunity]
NON -ACTION ITEMS:
5. Recreation Programs Update - Kendall May, John Bottelli
6. Fire Department Update - Fire Chief Soto
7. Council Goals & Priorities for Lodging Tax Advisory Committee - Chelsie Taylor
8. Nuisance Update: Camping - Cary Driskell, Erik Lamb, Bill Helbig, Jenny Nickerson
9. Department of Commerce Hope Update, Camp Erik Lamb, John Hohman
Discussion/Information
10. Mayor Haley Advance Agenda Discussion/Information
11. Mayor Haley Council Comments Discussion/Information
12. John Hohman City Manager Comments Discussion/Information
ADJOURN
Council Agenda July 19, 2022 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 7-19-22 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Resolution 22-014, Washington Economic Development Finance
Authority (WEDFA) Revenue Bond Program for Mutual Materials Project.
GOVERNING LEGISLATION: Chapter 43.163 RCW; chapter 178-02 WAC.
PREVIOUS COUNCIL ACTION TAKEN: This is an administrative report regarding a request from
the Washington Economic Development Finance Authority (WEDFA). The City of Spokane Valley
approved two previous revenue bond requests from WEDFA for unrelated projects in 2005 and
2008. July 12, 2022: Admin report with Council consensus to move this resolution forward for a
motion consideration at the July 19 meeting.
BACKGROUND: The City received a letter and packet of information from WEDFA concerning
the proposed issuance of up to $12,163,000 of non -recourse revenue bonds to Mutual Materials,
which has several manufacturing facilities throughout Washington, including one at 6712 E. Trent
Avenue, Spokane Valley, WA 99212. They plan to construct a concrete masonry unit
manufacturing facility, make exterior building improvements, make site improvements and it also
includes related project costs, equipment and improvements.
The City previously approved similar requests from WEDFA in 2005 for Four Corners Capital LLC
and in 2008 for MacKay Manufacturing. In these instances, the City does not have any financial
liability or exposure, and this action is simply a statement of support for the state to issues the
bonds to support economic development. It is important to note that WEDFA will not consummate
financing for Mutual Materials without a resolution that the City has no objection to the business
being assisted. WEDFA would like the City Council to consider approval of a resolution in support
of the project and financing before the end of July 2022
OPTIONS: Move to approve resolution 22-014, WEDFA Revenue Bonds, or take other
appropriate action.
RECOMMENDED ACTION OR MOTION: Move to approve Resolution 22-014, Approving the
Action of the WEDFA and the Issuance of Non -Recourse Revenue Bonds to Finance an
Economic Development facility for use by Mutual Materials.
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Susan Joseph Nielsen, Economic Development Specialist.
ATTACHMENTS: Draft City of Spokane Valley Resolution 22-014, with attached WEDFA
Resolution No. W-2022-02; June 28, 2022 letter from WEDFA
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 22-014
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,
APPROVING THE ACTION OF THE STATE OF WASHINGTON ECONOMIC DEVELOPMENT
FINANCE AUTHORITY AND THE ISSUANCE OF NON -RECOURSE REVENUE BONDS TO
FINANCE AN ECONOMIC DEVELOPMENT FACILITY FOR USE BY MUTUAL MATERIALS (THE
"COMPANY"), AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, on January 20, 2022, the Washington Economic Development Finance Authority
("WEDFA") was presented with Resolution No. W-2022-02 (the "Resolution"), a copy of which is attached
hereto as Exhibit A, relating to the issuance of non -recourse revenue bonds, the proceeds of which would
be loaned to the Company or its affiliates for, among other projects, the financing and refinancing of the
construction and equipping of a concrete masonry unit manufacturing facility within an existing building
and making site and exterior building improvements located in Spokane Valley, Washington (the
"Project"), all as authorized by the Economic Development Finance Authority Act of 1989, chapter 43.163
RCW (the "Act"); and
WHEREAS, on January 20, 2022, WEDFA unanimously approved the Resolution; and
WHEREAS, it is the policy of WEDFA not to issue revenue bonds except upon the approval of the
county, city or town within whose planning jurisdiction the proposed economic development facility lies;
and
WHEREAS, the Project lies within the boundaries of the City of Spokane Valley, Washington.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows:
Section 1: The City of Spokane Valley City Council (the "City"), pursuant to the request of the
WEDFA, does hereby approve the issuance of non -recourse revenue bonds (the "Bonds") by WEDFA, for
the purposes provided in the Act. However, such approval shall not waive or modify any of the permitting
requirements applicable to this project.
Section 2: The proceeds of the Bonds are to be lent to the Company, pursuant to a loan agreement
or other appropriate financing agreement, and used for the purpose of acquiring, constructing and equipping
the Project, including the necessary appurtenances located within the boundaries of the City and to pay
certain costs of issuance of the Bonds.
Section 3: The Bonds shall not constitute an obligation of the State of Washington or of the City,
and no tax funds or revenues of the State of Washington or of the City shall be used to pay the principal of
or interest on the Bonds. Neither the faith and credit nor any taxing power of the State of Washington or of
the City shall be pledged to pay the principal or interest on the Bonds.
Section 4: This Resolution is intended to constitute approval of the issuance of revenue bonds
within the meaning of the policy of WEDFA.
Section 5: Upon passage and approval of this Resolution, it shall take effect immediately.
Resolution 08-014, Revenue Bonds Page 1 of 2
DRAFT
Approved this day of July, 2022.
ATTEST:
Christine Bainbridge, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
AYES:
NOES:
ABSENT:
ABSTAINING:
CITY OF SPOKANE VALLEY, WASHINGTON
By:
Pam Haley, Mayor
Resolution 08-014, Revenue Bonds Page 2 of 2
Exhibit A
RESOLUTION NO. W-2022-02
A RESOLUTION OF THE WASHINGTON ECONOMIC DEVELOPMENT
FINANCE AUTHORITY TAKING OFFICIAL ACTION TOWARD THE
ISSUANCE OF NONRECOURSE ECONOMIC DEVELOPMENT REVENUE
BONDS IN ONE OR MORE SERIES IN A MAXIMUM AMOUNT NOT TO
EXCEED $12,163,000 AND AUTHORIZING THE EXECUTION OF AN
INDEMNIFICATION AND COMPENSATION AGREEMENT BY AND
BETWEEN THE WASHINGTON ECONOMIC DEVELOPMENT FINANCE
AUTHORITY AND MUTUAL MATERIALS OR ITS SUCCESSOR OR ASSIGNS
(the "Company").
WHEREAS, the Washington Economic Development Finance Authority (the
"Issuer") is a duly organized and existing instrumentality of the State of Washington
authorized and empowered by the provisions of RCW Chapter 43.163 (collectively, the
"Act") to issue nonrecourse economic development revenue bonds for the purpose of
carrying into effect the construction of improvements and the acquisition of personal
properties and provide working capital suitable for use by any industry, and to loan its
moneys when necessary or convenient to carry out its powers under the Act; and
WHEREAS, the Company has informed the Issuer that it wishes to finance the
construction and improvement of manufacturing facilities and equipment upgrades at the
locations identified in Exhibit A attached hereto and incorporated herein (the "Sites"),
which sites are located within the territorial limits of the State of Washington, and the
Company has requested the Issuer to issue non -recourse revenue bonds (the 'Bonds") in a
maximum amount not to exceed $12,163,000 pursuant to the Act to carry into effect the
equipping and improving of real and personal property and provision of working capital
at the Sites to be used in the manufacturing facilities of the Company, as more fully
described in Exhibit A (collectively, the "Project"), and to loan the proceeds of the Bonds
to pay the costs of such financing and refinancing; and
WHEREAS, a form of agreement designated as an "Indemnification and
Compensation Agreement," on file with the Issuer, has been prepared setting forth the
respective agreements and undertaking of the Issuer and the Company with respect to the
Bonds and the Project; and
WHEREAS, it is considered necessary and desirable for the best interest of the
Issuer that the Indemnification and Compensation Agreement be executed for and on the
behalf of the Issuer; and
WHEREAS, the Indemnification and Compensation Agreement requires the
Company to pay all reasonable and necessary costs incurred by the Issuer in connection
with the Bonds and/or in connection with the Project; and
Resolution No. W-2022-02
Page 1 of 6 January 20, 2022
WHEREAS, the Issuer finds that the Project constitutes the development and
improvement of economic development facilities under the Act; and
WHEREAS, it is intended that this resolution shall constitute a declaration of
official intent to reimburse Project expenditures within the meaning of Sections 1.103-
(8)(T)(a)(5) and 1.150-2 of the Federal Income Tax Regulations.
NOW THEREFORE, be it resolved by the Washington Economic Development
Finance Authority as follows:
Section 1. It is hereby determined that (a) the acquisition of the Project and its
operation is an economic development facility; (b) the issuance of the bonds of the Issuer
in one or more series and in a maximum amount not to exceed $12,163,000, to finance
costs of the Project, such total costs to be financed by the Bonds presently estimated to be
approximately $12,163,000; and (c) the execution and delivery of such contracts and
agreements with the Issuer as are necessary to provide for the payment by the Issuer of
amounts sufficient to pay the principal of, premium, if any, and interest on the Bonds,
together with certain costs of the Issuer, will all be in furtherance of the Act.
Section 2. Subject to the conditions listed in Section 3 below, including such
other conditions as in the judgement of the Issuer and bond counsel are necessary to
insure the validity of the Bonds and the tax-exempt or taxable status of the Bonds, it is
the intent of the Issuer to proceed toward the issuance and sale of the Bonds pursuant to
the provisions of the Act. Nothing in this resolution shall be construed as legally binding
the Issuer to authorize, issue, or sell the Bonds.
Section 3. The authorization, issuance, and sale of the Bonds by the Issuer are
subject to the following conditions:
(a) the Company shall have caused to be issued an irrevocable letter of credit (the
"Letter of Credit") by an investment -grade rated commercial bank, acceptable to the
Issuer (the "Letter of Credit Bank"), which shall be used to pay and secure the Bonds or
shall have secured a bond purchase agreement (the "Bond Purchase Agreement") from an
Accredited Investor, as such term is defined in 17 CFR 230.501(a), or qualified
institutional buyers, in each case acceptable to the Issuer, for the purchase of the Bonds;
(b) the Company shall enter into such contracts and loan agreements with the
Issuer as shall be necessary to secure payment of the principal of, premium, if any, and
interest on the Bonds as when the same shall come due and payable;
(c) on or before two (2) years from the date hereof (or such later date as shall be
mutually satisfactory to the Issuer and the Company) the Issuer and the Company shall
have agreed to mutually acceptable terms and conditions of the contracts and agreements
referred to in paragraph (b) of this Section 3;
Resolution No. W-2022-02 Page 2 of 6 January 20, 2022
(d) the Issuer shall have received an opinion of bond counsel that, with certain
customary exceptions, such of the Bonds which it is intended shall be issued as tax-
exempt obligations may be so issued pursuant to the provisions of the Internal Revenue
Code of 1986;
(e) if required, the Issuer shall have received an allocation of the State ceiling on
private activity bonds imposed by Section 146 of the Internal Revenue Code of 1986 in
an amount equal to the aggregate face amount of such of the Bonds as shall be issued as
tax-exempt obligations, and shall have allocated such amount to the Bonds;
(f) the Issuer shall have received evidence that each county, city, or town within
whose planning jurisdiction the Project lies has approved the Project and the Bonds or
such other evidence satisfactory to the Issuer that the Project will be welcomed by the
community in which the Project will be located (unless such jurisdiction generally refuses
to supply such approvals, in which case no such evidence will be required); and
(g) such other conditions as in the judgement of the Issuer and bond counsel are
necessary to ensure the validity of the Bonds and the tax-exempt status of such of the
Bonds as shall be issued as tax-exempt obligations.
Section 4. The proper officials of the Issuer are hereby authorized to take
such further action as is necessary to carry out the intent and purposes hereof under the
terms and conditions stated herein and in compliance with the applicable provisions of
law.
Section 5. That it is deemed necessary and advisable that the Indemnification
and Compensation Agreement be approved and executed for and on behalf of the Issuer.
Section 6. That an Indemnification and Compensation Agreement by and
between the Issuer and the Company be, and the same is hereby, approved and authorized
and the Chair of the Issuer is hereby authorized to execute the Indemnification and
Compensation Agreement on behalf of the Issuer.
Section 7. Each Bond, when and if issued, shall substantially state the
following language on the face thereof:
THE OBLIGATIONS OF THE ISSUER HEREUNDER SHALL NOT BE
DEEMED TO BE A DEBT, LIABILITY, OBLIGATION, OR PLEDGE OF THE
FAITH AND CREDIT OF THE STATE OF WASHINGTON, OF ANY
MUNICIPALITY, OR OF ANY MUNICIPAL CORPORATION, QUASI MUNICIPAL
CORPORATION, SUBDIVISION, OR AGENCY OF THE STATE OF
WASHINGTON, OR TO PLEDGE ANY OR ALL OF THE FAITH AND CREDIT OF
ANY OF THESE ENTITIES. NEITHER THE STATE OF WASHINGTON, THE
ISSUER, ANY MUNICIPALITY, OR ANY OTHER MUNICIPAL CORPORATION,
QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR AGENCY OF THE
STATE OF WASHINGTON IS OBLIGATED TO PAY THE PRINCIPAL OR THE
Resolution No. W-2022-02
Page 3 of 6 January 20, 2022
INTEREST THEREON. NO TAX FUNDS OR GOVERNMENTAL REVENUE MAY
BE USED TO PAY THE PRINCIPAL OR INTEREST THEREON. NEITHER ANY
OR ALL OF THE FAITH AND CREDIT NOR THE TAXING POWER OF THE
STATE OF WASHINGTON, THE ISSUER, IF ANY, OR ANY MUNICIPAL
CORPORATION, QUASI MUNICIPAL CORPORATION, SUBDIVISION, OR
AGENCY THEREOF IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OR
OF THE INTEREST ON THE BONDS.
Section 8. This Resolution shall be effective after its adoption.
ADOPTED by the Washington Economic Development Finance Authority this
20th day of January, 2022.
WASHINGTON ECONOMIC DEVELOPMENT FINANCE AUTHORITY
By: VIA COVLA
Chair
Resolution No. W-2022-02
Page 4 of 6 January 20, 2022
EXHIBIT A
DESCRIPTION OF PROJECT AND SITE
The Project will consist of:
1) At 6712 E Trent Ave, Spokane Valley, WA 99212 (the "Spokane Valley Site"),
constructing a Concrete Masonry Unit manufacturing facility within an existing building,
making exterior building improvement, making site improvements and related project
costs, equipment and improvements;
2) At 8760 Commence P1 Dr NE, Lacey, WA 98516 (the "Lacey Site"), upgrading the
equipment at the end of the unit concrete manufacturing process and related project costs,
equipment and improvements;
3) At 3150 295h Ave SW, Tumwater, WA 98512 (the "Tumwater Site" and, together
with the Spokane Valley Site and the Lacey Site, the "Sites"), purchasing new equipment
for large block wetcast manufacturing and related project costs and improvements.
Resolution No. W-2022-02
Page 5 of 6 January 20, 2022
CERTIFICATE
I, the undersigned, Secretary of the Washington Economic Development Finance
Authority (herein called the "Issuer"), DO HEREBY CERTIFY:
1. That the attached Resolution No. W-2022-02 (herein called the "Resolution") is a true
and correct copy of a resolution of the Issuer as finally adopted at a regular meeting of
the Board of Directors of the Issuer held on the 22nd day of January, 2022, and duly
recorded in my office.
2. That said meeting was duly convened and held in all aspects in accordance with law,
and, to the extent required by law and the by-laws of the Issuer, due and proper notice of
such meeting was given; that a legal quorum was present throughout the meeting and a
legally sufficient number of members of the Washington Economic Development
Finance Authority voted in the proper manner for the adoption of the Resolution; that all
other requirements and proceedings incident to the proper adoption of the Resolution
have been duly fulfilled, carried out, and otherwise observed; and that I am authorized to
execute this certificate.
IN WITNESS THEREOF, I have hereunto set my hand this 20th day of January, 2022.
Secre {y.
Resolution No. W-2022-02 Page 6 of 6 January 20, 2022
WEDFA
1000 Second Avenue, Ste 2700
Seattle, WA 98104-1046
vwww.wedfa_otg
June 28, 2022
City of Spokane Valley City Council
c/o City Clerk Chris Bainbridge
Spokane Valley City Hall
10210 E. Sprague Ave.
Spokane Valley, WA 99206
cbainbridge@spokanevalley.org
173 206-587-5634
C� 206-587-5113
f?3 info@vwedfa.oig
Re: Washington Economic Development Finance Authority Economic Development Revenue Bonds:
Mutual Materials Project
Dear Ms, Bainbridge:
Mutual Materials, a masonry and hardscape product manufacturer and retailer, is financing and
refinancing construction of a concrete masonry unit manufacturing facility within an existing building, as
well as exterior building and site improvements, at 6712 E Trent Ave in Spokane Valley. Mutual Materials
intends to finance this project through the use of nonrecourse economic development revenue bonds
issued by the Washington Economic Development Finance Authority (WEDFA).
It is the policy of WEDFA only to issue bonds in support of projects which would be welcomed by the local
community. As part of the issuance process, therefore, we would like the City of Spokane Valley City
Council, as the planning jurisdiction, to consider passage of a Planning Jurisdiction Approval Resolution,
in the form substantially as attached.
We wish to emphasize that the only purpose of this resolution is to approve Mutual Material's use of
WEDFA financing for this project. It does not supplement or replace any portion of the normal permitting
process. There is no liability against the City of Spokane Valley created by issuance of WEDFA's bonds or
adoption of this resolution.
We are planning to issue the bonds in the upcoming months. It would greatly assist our timing if the City
Council could consider this approval at a July Council meeting. I would appreciate it if your office could
send me a copy of the approved resolution should the City Council look on our request favorably.
Kendall Anderegg, President and CEO of Mutual Materials, would be happy to provide you with any further
information that you might find helpful regarding the project. Her telephone number is (206) 618-0208.
Rodney Wendt, Executive Director of WEDFA, would also be happy to attend the City Council meeting to
answer questions from the Council.
Washington Er-onomic Development Finance Authority
c-2-3WEDFA
1000 Second Avenue, Ste 2700
Seattle, WA 98104-1046
w.nnu.wedfa_org
n 206-587-5634
( 206-587-5113
inttrC wedfaorg
Please let me know how we can work together to facilitate this process. If you have any questions, please
do not hesitate to give me a call. My telephone number is 206-793-2409, and I can also be reached by
email at molly.abbey@wshfc.org.
Sincerely yoti,Fs
Mollbbey
Program Administrator
cc: Kendall Anderegg, Mutual Materials
Rodney Wendt, WEDFA
Encls.
Washington Economic Development Finance Authority
iiiimimmi
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 19, 2022
Check all that apply: ❑ consent ❑ old business
❑ information ['admin. report
Department Director Approval:
® new business ❑ public hearing
❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Motion Consideration: Termination of Water Quality Financial Assistance
Agreement with the Department of Ecology for the Sprague Avenue Stormwater Project.
GOVERNING LEGISLATION: RCW 90.48, Chapter 173-200 WAC, Title 33 U.S.C. 1251-1376;
Storm and Surface Water Utility: SVMC 3.80; Aquifer Protection Area Fund: RCW 36.36. The
Federal Clean Water Act of 1987, Section 319, Chapter 173-95A WAC
PREVIOUS COUNCIL ACTION TAKEN:
• October 7, 2014 — Info report on Ecology Stormwater Grant Opportunities, Call for Projects
• October 21, 2014 — Administrative Report discussing Washington State Department of
Ecology stormwater grant opportunities resulting in consensus to apply for grants.
• October 11, 2016 — Administrative Report discussing Washington State Department of
Ecology stormwater grant opportunities resulting in consensus to apply for grants.
• May 21, 2019 — Administrative Report regarding the details of the Water Quality Financial
Assistance Agreement with the Department of Ecology
• May 28, 2019 — Council authorized execution of Water Quality Financial Assistance
Agreement with the Department of Ecology
• July 5, 2022 — Council reached consensus for a future motion consideration to terminate
the Agreement with Ecology
BACKGROUND: In November 2014, the City applied to the Washington State Department of
Ecology (Ecology) for a grant to improve water quality in the Spokane Valley-Rathdrum Prairie
Aquifer through the installation of Low Impact Development (LID) techniques and best
management practices along the two-mile segment of Sprague Avenue between University and
Park Roads. The Stormwater Project will provide treatment for total suspended solids (TSS), oil
(total petroleum hydrocarbons) and will reduce the volume of pollutants that enter the
groundwater. Stormwater in the project area is currently collected and discharged to groundwater
without pretreatment via approximately 75 drywells.
On July 7, 2015, this project was selected by Ecology for award, contingent on funding availability.
In 2016, Ecology received direction from the Legislature to delay funding for 67 state-wide
stormwater projects proposed to receive funding from the Stormwater Financial Assistance
Program (SFAP) in SFY16 and SFY17. These delays were necessary to address a shortfall in
the Model Toxics Control Act funds and were accompanied by significant reductions in both
operating and capital budgets, across many environmental program areas. This stormwater
project application was included on the SFY16 and SFY17 list of delayed projects. On February
21, 2018, the City was informed by the Ecology that the 2017-2019 Washington State Biennial
Budget successfully addressed funding shortfalls, and Ecology was authorized to resume
agreement negotiations for this project.
At the time of application, the total project cost was estimated at $2M and Ecology funds typically
75% of the total project cost. Consequently, the grant would provide $1.5M and the City's
stormwater fund was to provide $500K in matching funds. In May 2019, staff revisited the
preliminary estimate and increased the potential City stormwater funding by $569,320 to account
for inflationary increases from 2014 to 2019. The grant agreement with Ecology was executed in
2019. In 2021, the Spokane Transit Authority awarded $163,685 to improve the crossing between
City Hall and Balfour Park on Sprague Avenue (Crossing Project). Additionally, the City was
awarded $556,400 for the Crossing Project from the Pedestrian & Bicycle Program (PBP). For
efficiencies, the Stormwater Project and the Crossing Project were planned to be completed
concurrently.
Due to limited resources, staff was unable to initialize the project until June of 2021. In the fall of
2021, the City selected a consultant firm who advanced the conceptual design to a 30%
preliminary design. The City has spent $64,125 of the Ecology grant to develop a design report
which was approved in early May 2022. The updated preliminary design, with more detailed
information than the original conceptual plan at grant application in 2014, allowed the consultant
to prepare a more accurate project estimate. The total project cost increased to over $5.5M and
could be substantially higher due to recent additional construction cost increases. The design
assumed that Sprague Avenue will be reduced to three lanes between Herald and University and
two four lanes from Herald to Park Road. Currently, Sprague Avenue has five lanes within the
project limits.
Due to the large funding gap needed to advance the Stormwater & Crossing projects, staff
presented the options below at the July 15, 2022 Council meeting:
1) Do not proceed with the Stormwater Project between University and Park Roads and
terminate the Ecology grant. Ecology has indicated that it will not require repayment of
grant funds expended to date. The City will have the option to reapply for a future Ecology
grant with the updated project costs utilizing the previously approved Design Report.
2) Terminate the Ecology grant and proceed with the Crossing Project which will include
stormwater quality facilities between University & Herald Roads. Staff and Council
identified that Coronavirus Local Fiscal Recovery Fund (CLFR) funds may be utilized for
the Crossing Project because the project is an eligible stormwater/water quality project for
the Clean Water State Revolving Fund (CWSRF) per the EPA Overview of Clean Water
State Revolving Eligibilities, dated May 2016. Currently, the City Council has not allocated
$1,379,386 of CLFR funds.
Council reached consensus to terminate the Ecology grant. Council also discussed the proposed
lane reduction for Sprague Avenue and requested that staff brings back more information on the
proposed lane reduction and pedestrian crossing project.
OPTIONS: 1) Move to authorize staff to terminate the Ecology agreement for the Sprague Avenue
Stormwater project, or 2) take other appropriate action.
RECOMMENDED ACTION OR MOTION: Move to authorize staff to terminate the Water Quality
Financial Assistance Agreement with the Department of Ecology for the Sprague Avenue
Stormwater Project.
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Bill Helbig, Community & Public Works Director
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 19, 2022 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Motion Consideration: Potential Grant Opportunity - WSDOT Railroad
Crossing Grant Program
GOVERNING LEGISLATION: RCW 35.77.010: Six -Year Transportation Improvement Program
PREVIOUS COUNCIL ACTION TAKEN:
• The Pines Road/BNSF Grade Separation Project (Pines/BNSF GSP) has been identified in
the City's Six -Year Transportation Improvement Plan since 2015.
• Since 2018, the City has submitted an annual application to the United States Dept. of
Transportation's (USDOT) Rebuilding American Infrastructure with Sustainability and Equity
(RAISE) program requesting funding for the Pines Road/BNSF Grade Separation Project.
BACKGROUND: On July 7, Washington State Dept. of Transportation (WSDOT) announced its
2022 call for projects for the Railroad Crossing Grant (RCG) Program. This program was
primarily sponsored by Senator Padden during the state's most recent legislative session and
included as part of the Move Ahead Washington transportation package. This RCG program is
intended to provide matching funds for projects which eliminate at -grade highway -rail crossings.
The funding is to provide a non-federal "match" to those agencies applying for federal funding
through the USDOT's Railroad Crossing Elimination (RCE) Program or its Consolidated Rail
Infrastructure and Safety Improvements (CRISI) grant program. The RCE program announced
its notice of funding on July 6, 2022. Staff plans to return to council in the coming weeks to
describe the program details as related to the Pines/BNSF GSP. The CRISI program's notice of
funding is anticipated to be announced in August 2022.
If awarded RCG funds, WSDOT will provide a conditional award letter to include with the federal
grant application. If a federal grant is not awarded, the funds will be rescinded to WSDOT and
carried over to a future biennium. For the RCG program, there is no local funding match
requirement. Critical RCG program details are:
Total Available Funds
Award Range
Match Amount
Application Due Date
Award Date
$5,000,000
Up to $5,000,000
None. These non-federal funds support federal grant requests
July 29, 2022
TBD — By August 31, 2022
OPTIONS: Proceed with the recommended motion or take other action.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee, to
apply for $5,000,000 to the Washington State Department of Transportation Railroad Crossing
Grant program for the Pines Road/BNSF Grade Separation Project.
BUDGET/FINANCIAL IMPACTS: The project has not secured any of funding required for the
construction phase. There is no local match requirement to be awarded RCG funds. Any RCG
award will only be realized if the City is awarded federal funds from the RCE or CRISI programs.
STAFF CONTACT: Bill Helbiq, P.E. — Community & Public Works Director
ATTACHMENTS: N/A
Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 19, 2022
Check all that apply: ❑ consent ❑ old business
❑ information ❑ admin. report
AGENDA ITEM TITLE: Motion Consideration —
Washington — Subdivision Settlement Participation Form.
GOVERNING LEGISLATION: SVMC 2.15.020.
Department Director Approval:
® new business ❑ public hearing
❑ pending legislation ❑ executive session
Opioid Distributor Settlement with State of
PREVIOUS COUNCIL ACTION TAKEN: April 26, 2022 approval of the One Washington MOU for
settlement between the same opioid distributors and cities/counties in Washington. Admin Report on July
5, 2022 regarding the State of Washington settlement, and Subdivision Participation Form.
BACKGROUND: Prior action: On April 26, 2022, Council was informed about the ongoing opioid
litigation occurring throughout the state. Several cities and counties in the state sued various companies
involved in the prescription opioid supply chain, including Purdue Pharmaceutical, (the manufacturer), and
the four major distributors, Johnson & Johnson, Cardinal Health, Amerisource, and McKesson. The
majority of these jurisdictions are represented by the law firm of Keller Rohrback.
Keller Rohrback circulated the One Washington MOU to determine all possible jurisdictions that would be
included in settlement negotiations for the litigating and non -litigating Washington cities and counties.
Council approved entering into this MOU on April 26, 2022, and it was signed by the City Manager on
April 27, 2022. The MOU set forth a default allocation for any funds received through settlement and also
required each listed allocation region to create an Opioid Abatement Council.
Current action: Separately, on May 2, 2022, the Washington State Attorney General's Office announced a
settlement agreement between the state of Washington and opioid distributors Cardinal Health,
Amerisource, and McKesson in the amount of $518 million. This is referred to as the Distributors
Washington Settlement. The Distributors Washington Settlement requires litigating and non -litigating cities
to sign the Subdivision Settlement Participation Form, included as Attachment A. In order to become a
participating non -litigating subdivision and receive possible payment, the City is required to sign. By
signing this form, the City releases all claims against the defendants as defined in the Distributors
Washington Settlement. Allocation amounts are not known at this time. Once staff has more information
on the possible allocation, we will bring that information to Council.
Future action: This will still leave claims by cities/counties and the state against Johnson & Johnson, as
well as claims into the ongoing Purdue bankruptcy. Once we have information on these items, we will
bring those forward as well. Additionally, staff will bring forward a proposed six -county interlocal as
required under the original One Washington MOU, which is currently being reviewed and discussed by the
various parties. Once the City is a party to that interlocal, we can negotiate intra-County for a higher
allocation of funds than is identified in the default allocation formula.
OPTIONS: Consider authorizing the City Manager's completing and executing Exhibit F of the
Distributors Washington Settlement Agreement.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager's completion and
execution of Exhibit F, the Subdivision Settlement Participation Form within the Distributors Washington
Settlement Agreement.
BUDGET/FINANCIAL IMPACTS: Unknown at this time.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney.
ATTACHMENTS: Opioid Settlement Update Presentation; 2022 Distributors Washington Settlement
Agreement (note Exhibit F)
Opioid Settlement Update
Tony Beattie
Senior Deputy City Attorney, City of Spokane Valley
July 19, 2022
City of Spokane Valley - Office of the City Attorney i
Litigating Cities and Counties
Suits against Johnson & Johnson, Mckesson, AmerisourceBergen, and
Cardinal Health.
Law firm representing a majority of the jurisdictions requested signature
on Washington MOU.
Outlined potential allocation amounts and procedures for each region.
Council authorized execution of the MOU in late April 2022.
Could be adopted by State in allocating funds from most recent and future
settlements.
City of Spokane Valley - Office of the City Attorney
Regional/County interlocals
Outstanding issue of six county regional interlocal to oversee compliance,
currently being negotiated.
• Counties - Spokane, Lincoln, Pend O'rielle, Adams, Ferry, Stevens;
• Cities - Spokane Valley, Spokane, Cheney, Liberty Lake.
Once regional interlocal done, need to negotiate Spokane County interlocal to
try for higher allocation than standard formula.
The formula is based upon: (1) the amount of opioids shipped to the county; (2) the
number of opioid deaths that occurred in that county; and (3) the number of people
who suffer opioid use disorder in that county.
To determine the allocation within a county, the formula utilizes historical federal
data showing how the specific counties and the cities and towns within the counties
have made opioids epidemic -related expenditures in the past.
City of Spokane Valley - Office of the City Attorney
Attorney General lawsuit against Major Distributors
McKesson, AmerisourceBergen, Cardinal Health.
$518 million settlement reached in principle on May 2, 2022.
Allocation amounts are uncertain, but anticipated to use similar formula
to what was presented in the One Washington MOU.
Requires certain action prior to finalization.
i00% of litigating cities and 9o% of non -litigating cities must approve and
sign the Subdivision Participation Form or not effective.
City of Spokane Valley - Office of the City Attorney
Unresolved — WA. AG challenge to Purdue Pharma
Bankruptcy
Potential $183 million settlement for Washington.
Case is on appeal.
The settlement and allocation is dependent on the appeal.
More to come...
City of Spokane Valley - Office of the City Attorney
UrrFesolved — WA. AG lawsuit against Johnson &
Johnson
Trial is currently scheduled for September 2022.
More to come...
City of Spokane Valley - Office of the City Attorney 6
DISTRIBUTORS WASHINGTON
SETTLEMENT AGREEMENT
Table of Contents
L Overview 1
II. Conditions to Effectiveness of Agreement 1
III. Participation by Subdivisions 3
IV. Settlement Payments 3
V. Plaintiffs' Attorneys' Fees and Costs 4
VI. Release 6
VII. Miscellaneous 6
Exhibit A Primary Subdivisions A-1
Exhibit B Litigating Subdivisions B-1
Exhibit C ABC IRS Form 1098-F C-1
Exhibit D Cardinal Health IRS Form 1098-F D-1
Exhibit E McKesson IRS Form 1098-F E-1
Exhibit F Subdivision Settlement Participation Form F-1
Exhibit G Consent Judgment and Stipulation of Dismissal with Prejudice G-1
Exhibit H Distributor Global Settlement Agreement H-1
DISTRIBUTORS — WASHINGTON SETTLEMENT AGREEMENT
I. Overview
This Distributors Washington Settlement Agreement ("Agreement") sets forth the terms
and conditions of a settlement agreement between and among the State of Washington,
McKesson Corporation ("McKesson"), Cardinal Health, Inc. ("Cardinal") and
AmerisourceBergen Corporation ("Amerisource") (collectively, the "Agreement Parties") to
resolve opioid-related Claims against McKesson, Cardinal, and/or Amerisource (collectively,
"Settling Distributors").
By entering into this Agreement, the State of Washington and its Participating
Subdivisions agree to be bound by all terms and conditions of the Distributor Global Settlement
Agreement dated July 21, 2021 (including its exhibits) ("Global Settlement"), which (including
its exhibits) is incorporated into this Agreement as Exhibit H.1 By entering this Agreement, and
upon execution of an Agreement Regarding the State of Washington and the Distributor Global
Settlement Agreement ("Enforcement Committee Agreement"), unless otherwise set forth in this
Agreement, the Settling Distributors agree to treat the State of Washington for all purposes as if
it were a Settling State under the Global Settlement and its Participating Subdivisions for all
purposes as if they were Participating Subdivisions under the Global Settlement. Unless stated
otherwise in this Agreement, the terms of this Agreement are intended to be consistent with the
terms of the Global Settlement and shall be construed accordingly. Unless otherwise defined in
this Agreement, all capitalized terms in this Agreement shall be defined as they are in the Global
Settlement.
The Settling Distributors have agreed to the below terms for the sole purpose of
settlement, and nothing herein, including in any exhibit to this Agreement, may be taken as or
construed to be an admission or concession of any violation of law, rule, or regulation, or of any
other matter of fact or law, or of any liability or wrongdoing, or any misfeasance, nonfeasance,
or malfeasance, all of which the Settling Distributors expressly deny. No part of this Agreement,
including its statements and commitments, and its exhibits, shall constitute or be used as
evidence of any liability, fault, or wrongdoing by the Settling Distributors. Unless the contrary is
expressly stated, this Agreement is not intended for use by any third party for any purpose,
including submission to any court for any purpose.
II. Conditions to Effectiveness of Agreement
A. Global Settlement Conditions to Effectiveness.
1. The Agreement Parties acknowledge that certain deadlines set forth in
Section VIII of the Global Settlement passed before the execution of this Agreement. For
' The version of the Global Settlement as updated on March 25, 2022 is attached to this
Agreement as Exhibit H. Further updates to the Global Settlement shall be deemed incorporated
into this Agreement and shall supersede all earlier versions of the updated provisions.
1
that reason, (i) Settling Distributors agree to treat the State of Washington as satisfying the
deadlines set forth in Section VIII of the Global Settlement provided that the State of
Washington satisfies its obligations set forth in this Section II and (ii) the State of
Washington agrees to treat Settling Distributors as having satisfied all notice obligations
under Section VIII.B of the Global Settlement as to the State of Washington.
2. The State of Washington shall deliver all signatures and releases required
by the Agreement to be provided by the Settling States to the Settling Distributors by
September 30, 2022. This Section II.A.2 supersedes the deadline for delivering those
signatures and releases set forth in Section VIII.A.1 of the Global Settlement.
B. Agreement with Enforcement Committee. This Agreement shall not become
effective unless the Enforcement Committee and the Settling Distributors execute the Enforcement
Committee Agreement. If the Enforcement Committee Agreement is not executed by June 1, 2022,
the State of Washington and Settling Distributors will promptly negotiate an agreement that mirrors
the Global Settlement to the extent possible and with a credit of $1,000,000 to Settling Distributors
to account for possible credits the Settling Distributors would have received under Section V of this
Agreement from the State Cost Fund and the Litigating Subdivision Cost Fund of the Global
Settlement and to be deducted from the Year 7 payment described in Section V.B.1 and Section
V.C.g of this Agreement.
C. Participation by Subdivisions. If the condition in Section II.B has been satisfied,
this Agreement shall become effective upon one of the following conditions being satisfied:
1. All Litigating Subdivisions in the State of Washington and ninety percent
(90%) of Non -Litigating Primary Subdivisions (calculated by population pursuant to the
Global Settlement) in the State of Washington must become Participating Subdivisions by
September 23, 2022.
2. If the condition set forth in Section II.C.1 is not met, the Settling
Distributors shall have sole discretion to accept the terms of this Agreement, which shall
become effective upon notice provided by the Settling Distributors to the State of
Washington. If the condition set forth by Section II.C.1 is not met and Settling Distributors
do not exercise discretion to accept this Agreement, this Agreement will have no further
effect and all releases and other commitments or obligations contained herein will be void.
D. Dismissal of Claims. Provided that the conditions in Sections II.B and IIC have
been satisfied, the State of Washington shall file the Consent Judgment described in Section I.N of
the Global Settlement and attached hereto as Exhibit G (" Washington Consent Judgment") with the
King County Superior Court (" Washington Consent Judgment Court") on or before November 1,
2022. This Section II.C.2 supersedes the deadline for submitting a Consent Judgment set forth in
Section VIII.B of the Global Settlement. In the event that the Court declines to enter the
Washington Consent Judgment, each Settling Distributor shall be entitled to terminate the
Agreement as to itself and shall be excused from all obligations under the Agreement, and if a
Settling Distributor terminates the Agreement as to itself, all releases and other commitments or
obligations contained herein with respect to that Settling Distributor will be null and void. The date
of the entry of the Washington Consent Judgment shall be the effective date of this Agreement
2
("Washington Effective Date"). Within the later of forty-five (45) days after the Washington
Effective Date or December 31, 2022, each Settling Distributor will certify to the State that all
medical claims data provided to it during the litigation (including Medicaid, PMP, LNI claims, and
PEBB data) has been destroyed by the party and its agents, including all retained experts.
III. Participation by Subdivisions
A. Notice. The Office of the State of Washington Attorney General in consultation
with the Settling Distributors shall send individual notice of the opportunity to participate in this
Agreement and the requirements for participation to all Subdivisions eligible to participate who
have not returned an executed Subdivision Settlement Participation Form within fifteen (15) days of
the execution of this Agreement. The Office of the State of Washington Attorney General may also
provide general notice reasonably calculated to alert Subdivisions, including publication and other
standard forms of notification. Nothing contained herein shall preclude the State of Washington
from providing further notice to, or from contacting any of its Subdivision(s) about, becoming a
Participating Subdivision.
B. Trigger Date for Later Litigating Subdivisions. Notwithstanding Sections I.EE and
I.GGGG of the Global Settlement, as to the State of Washington, Settling Distributors and the State
of Washington agree to treat the Trigger Date for Primary Subdivisions as September 23, 2022 and
the Trigger Date for all other Subdivisions as May 3, 2022.
C. Initial and Later Participating Subdivisions. Notwithstanding Sections I.BB, I.CC,
I.FF and Section VII.D and E of the Global Settlement, any Participating Subdivision in
Washington that meets the applicable requirements for becoming a Participating Subdivision set
forth in Section VII.B or Section VII.0 of the Global Settlement on or before September 23, 2022
shall be considered an Initial Participating Subdivision. Participating Subdivisions that are not
Initial Participating Subdivisions but meet the applicable requirements for becoming Participating
Subdivisions set forth in Section VII.B or Section VII.0 of the Global Settlement after September
23, 2022 shall be considered Later Participating Subdivisions.
D. Subdivision Settlement Participation Forms. Each Subdivision Settlement
Participation Form submitted by a Participating Subdivision from the State of Washington shall be
materially identical to Exhibit F to this Agreement. Nothing in Exhibit F is intended to modify in
any way either the terms of this Agreement or the terms of the Global Settlement, both of which the
State of Washington and Participating Subdivisions agree to be bound. To the extent that any
Subdivision Settlement Participation Form submitted by any Participating Subdivision is worded
differently from Exhibit F to this Agreement or interpreted differently from the Global Agreement
and this Agreement in any respect, the Global Agreement and this Agreement control.
IV. Settlement Payments
A. Schedule. Annual Payments under this Agreement shall be calculated as if the
State of Washington were a Settling State under the Global Settlement and shall be made pursuant
to the terms of Section IV of the Global Settlement except that, as to the State of Washington, the
Payment Date for Payment Year 1 shall be December 1, 2022 and the Payment Date for Payment
3
Year 2 shall be December 1, 2022. For the avoidance of doubt, the sole component of the State of
Washington's Annual Payment is the portion of the Net Abatement Amount allocated to the State
of Washington under the Global Settlement ("Washington Abatement Amount"). The maximum
possible Washington Abatement Amount is $430,249,769.02.
B. Use of Payment. The Washington Abatement Amount paid under this Agreement
shall be used as provided for in Section V of the Global Settlement.
C. Nature of Payment. The State of Washington and its Participating Subdivisions
agree that payments made to the State of Washington and its Participating Subdivisions under this
Agreement are properly characterized as described in Section V.F of the Global Settlement.
V. Plaintiffs' Attorneys' Fees and Costs
A. Interaction with Global Settlement. Notwithstanding any contrary provision in the
Global Settlement, payments to cover attorneys' fees and costs under this Agreement ("Washington
Fees and Costs") shall be made pursuant to this Section V.
B. Amounts. The total amount to cover of all Washington Fees and Costs is
$87,750,230.98. That total consists of the categories of attorneys' fees and costs set forth in this
Section V.B and shall be paid on the schedule set forth in Section V.C.
1. State Outside and Inside Counsel Fees and Costs. Settling Distributors shall
pay $76,829,316.21 to cover in-house fees and costs and outside counsel fees and costs to
the Washington Attorney General's Office, which shall be used for any lawful purpose in
the discharge of the Attorney General's duties at the sole discretion of the Attorney General.
The amount shall be paid in increments as specified in Section V.0 (Payment Year 1 — 20%,
Payment Year 2 — 20%, Payment Year 3 — 15%, Payment Year 4 — 15%, Payment Year 5 —
15%, Payment Year 6 — 10%, Payment Year 7— 5%.)
2. Fees and Costs for Participating Litigating Subdivisions' Attorneys.
Settling Distributors shall pay $10,920,914.70 to Participating Litigating Subdivisions'
attorneys for fees and costs into a single account as directed by the Washington Attorney
General's Office, which then shall be paid as agreed between the State of Washington and
attorneys for Participating Litigating Subdivisions. Participating Litigating Subdivisions'
attorneys shall be paid in accordance with the schedule in Section V.0 and V.D.5 of this
Agreement.
C. Schedule. Washington Fees and Costs shall be paid according to the following
schedule:
a. Payment Year 1: Twenty percent (20%) of the total Washington
Fees and Costs amount ($17,550,046.20), to be paid on or before December 1,
2022.
4
b. Payment Year 2: Twenty percent (20%) of the total Washington
Fees and Costs amount ($17,550,046.20), to be paid on or before December 1,
2022.
c. Payment Year 3: Fifteen percent (15%) of the total Washington
Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2023.
d. Payment Year 4: Fifteen percent (15%) of the total Washington
Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2024.
e. Payment Year 5: Fifteen percent (15%) of the total Washington
Fees and Costs amount ($13,162,534.65), to be paid on or before July 15, 2025.
f. Payment Year 6: Ten percent (10%) of the total Washington Fees
and Costs amount ($8,775,023.10), to be paid on or before July 15, 2026.
g. Payment Year 7: Five percent (5%) of the total Washington Fees
and Costs amount ($4,387,511.55), to be paid on or before July 15, 2027.
D. Remittance. So that Settling Distributors do not pay the same fees and costs under
both the Global Settlement and this Agreement, Washington and its Participating Litigating
Subdivisions and their respective counsel shall do as follows:
1. Participating Litigating Subdivisions in Washington and their counsel shall
apply to the Attorney Fee Fund and the Litigating Subdivision Cost Fund created pursuant
to Exhibit R of the Global Settlement for all fees, costs and expenses for which they may be
eligible and shall instruct the Fee Panel and the Cost and Expense Fund Administrator to
remit to Settling Distributors the full amount awarded to such Participating Litigating
Subdivision, with each Settling Distributor receiving the percentage of that amount
corresponding to the allocation set forth in Section IV.I of the Global Settlement.
2. Counsel for Participating Subdivisions shall instruct the Fee Panel created
by the MDL Court pursuant to Exhibit R of the Global Settlement to remit to Settling
Distributors the Contingency Fee Amount for their Participating Subdivisions in the State of
Washington, with each Settling Distributor receiving the percentage of that amount
corresponding to the allocation set forth in Section IV.I of the Global Settlement.
3. The State of Washington shall instruct the Fee Fund Administrator selected
pursuant to Exhibit S of the Global Settlement that the Settling Distributors shall not pay the
Fixed Amount for the State of Washington, and the State of Washington will not be eligible
to receive funds from the State Outside Counsel Fee Fund under the Global Settlement.
4. The State of Washington shall submit documented costs, as provided for in
Exhibit T of the Global Settlement, to the Global Settlement State Cost Fund created
pursuant to Exhibit T of the Global Settlement for all costs and expenses for which it may
be eligible and shall instruct the State Cost Fund Administrator to remit to Settling
Distributors the full amount awarded to the State of Washington, with each Settling
5
Distributor receiving the percentage of that amount corresponding to the allocation set forth
in Section IV.I of the Global Settlement.
5. No Participating Litigating Subdivision shall receive any payment due
under this Agreement, including but not limited to the portion of the Washington Abatement
Amount allocable to the Participating Subdivision, until it and/or its outside counsel, as
applicable, fulfill their obligations under Sections V.D. 1-2.
VI. Release
A. Scope. As of the Washington Effective Date, Section XI of the Global Settlement
is fully binding on, and effective with respect to, all Releasors under this Agreement. Accordingly,
as of the Washington Effective Date, the Released Entities are hereby released and forever
discharged from all Released Claims of Releasors, including the State of Washington and its
Participating Subdivisions.
VII. Miscellaneous
A. No Admission. The Settling Distributors do not admit liability, fault, or
wrongdoing. Neither this Agreement nor the Washington Consent Judgment shall be considered,
construed or represented to be (1) an admission, concession or evidence of liability or wrongdoing
or (2) a waiver or any limitation of any defense otherwise available to the Settling Distributors. It is
the understanding and intent of the Agreement Parties that no portion of the Agreement shall be
entered into evidence in any other action against the Settling Distributors, among other reasons,
because it is not relevant to such action. For the avoidance of any doubt, nothing herein shall
prohibit a Settling Distributor from entering this Agreement into evidence in any litigation or
arbitration concerning a Settling Distributor's right to coverage under an insurance contract.
B. Tax Cooperation and Reporting. The State of Washington and its Participating
Subdivisions will be bound by Section V.F and Section XIV.F of the Global Settlement, except
(i) as set forth in the final sentence of this Section VII.B and (ii) that the State of Washington shall
be its own Designated State and shall designate its own "appropriate official" within the meaning of
Treasury Regulations Section 1.6050X-1(f)(1)(ii)(B) (the "Appropriate Official). The IRS Forms
1098-F to be filed with respect to this Agreement are attached as Exhibit C, Exhibit D, and Exhibit
E. The State of Washington and its Participating Subdivisions agree that any return, amended
return, or written statement filed or provided pursuant to Section XIV.F.4 of the Global Settlement
with respect to this Agreement, and any similar document, shall be prepared and filed in a manner
consistent with reporting each Settling Distributor's portion of the aggregate amount of payments
paid or incurred by the Settling Distributors hereunder as the "Total amount to be paid" pursuant to
this Agreement in Box 1 of IRS Form 1098-F, each Settling Distributor's portion of the amount
equal to the aggregate amount of payments paid or incurred by the Settling Distributors hereunder
less the Compensatory Restitution Amount as the "Amount to be paid for violation or potential
violation" in Box 2 of IRS Form 1098-F and each Settling Distributor's portion of the
Compensatory Restitution Amount as "Restitution/remediation amount" in Box 3 of IRS Form
1098-F, as reflected in Exhibit C, Exhibit D, and Exhibit E.
6
C. No Third -Party Beneficiaries. Except as expressly provided in this Agreement, no
portion of this Agreement shall provide any rights to, or be enforceable by, any person or entity that
is not the State of Washington or a Released Entity. The State of Washington may not assign or
otherwise convey any right to enforce any provision of this Agreement.
D. Cooperation. Each Agreement Party and each Participating Subdivision agrees to
use its best efforts and to cooperate with the other Agreement Parties and Participating Subdivisions
to cause this Agreement to become effective, to obtain all necessary approvals, consents and
authorizations, if any, and to execute all documents and to take such other action as may be
appropriate in connection herewith. Consistent with the foregoing, each Agreement Party and each
Participating Subdivision agrees that it will not directly or indirectly assist or encourage any
challenge to this Agreement or the Washington Consent Judgment by any other person, and will
support the integrity and enforcement of the terms of this Agreement and the Washington Consent
Judgment.
E. Enforcement. All disputes between Settling Distributors and the State of
Washington and/or the Participating Subdivisions in the State of Washington shall be handled as
specified in Section VI of the Global Settlement, including the referral of relevant disputes to the
National Arbitration Panel.
F. No Violations of Applicable Law. Nothing in this Agreement shall be construed to
authorize or require any action by Settling Distributors in violation of applicable federal, state, or
other laws.
G. Modification. This Agreement may be modified by a written agreement of the
Agreement Parties. For purposes of modifying this Agreement or the Washington Consent
Judgment, Settling Distributors may contact the Washington Attorney General for purposes of
coordinating this process. The dates and deadlines in this Agreement may be extended by written
agreement of the Agreement Parties, which consent shall not be unreasonably withheld.
H. No Waiver. Any failure by any Agreement Party to insist upon the strict
performance by any other party of any of the provisions of this Agreement shall not be deemed a
waiver of any of the provisions of this Agreement, and such party, notwithstanding such failure,
shall have the right thereafter to insist upon the specific performance of any and all of the
provisions of this Agreement.
I. Entire Agreement. This Agreement, including the Global Settlement (and its
exhibits), represents the full and complete terms of the settlement entered into by the Agreement
Parties, except as provided herein. In any action undertaken by the Agreement Parties, no prior
versions of this Agreement and no prior versions of any of its terms may be introduced for any
purpose whatsoever.
J. Counterparts. This Agreement may be executed in counterparts, and a facsimile or
.pdf signature shall be deemed to be, and shall have the same force and effect as, an original
signature.
K. Notice. All notices or other communications under this Agreement shall be
provided to the following via email and overnight delivery to:
7
Copy to AmerisourceBergen Corporation's attorneys at:
Michael T. Reynolds
Cravath, Swaine & Moore LLP
825 8th Avenue
New York, NY 10019
mreynolds@cravath.com
Copy to Cardinal Health, Inc. 's attorneys at:
Elaine Golin
Wachtell, Lipton, Rosen & Katz
51 West 52nd Street
New York, NY 10019
epgolin@wlrk.com
Copy to McKesson Corporation's attorneys at:
Thomas J. Perrelli
Jenner & Block LLP
1099 New York Avenue, NW, Suite 900
Washington, DC 20001-4412
TPerrelli@jenner.com
Copy to the State of Washington at:
Shane Esquibel
Jeffrey Rupert
Laura Clinton
Washington Attorney General's Office
1125 Washington Street SE
PO Box 40100
Olympia, WA 98504-0100
Shane.Esquibel@atg.wa.gov
Jeffrey.Rupert@atg.wa.gov
Laura.Clinton@atg.wa.gov
[Signatures begin on next page.]
Authorized and agreed to by:
Dated: `'/ `"/�`— ROBERT W. FERGUSON
Attorney General, State • 'ngton
By:
Name: JEF `'Y RUPERT
Title: Division Chief
Authorized and agreed to by:
Dated: May 2, 2022
AMERISOURCEBERGEN CORPORATION
„J
By:
Elizabeth Campbell
Executive Vice President and Chief Legal Officer
Authorized and agreed to by:
Dated: 04/29/2022 CARDINAL HEALTH, INC.
By:
YU
Name: Jessica Mayer
Title: Chief Legal and Compliance Officer
Authorized and agreed to by:
Dated: 5124 LI—
MCKESSON CORPORATION
By:
Name: SC r-A.. L1fA C - Ora 11
Title: Cc'rpvretk Se "r j
Exhibit A
Primary Subdivisions2
No. Subdivision Name
1. Aberdeen city
2. Adams County
3. Anacortes City
4. Arlington City
5. Asotin County
6. Auburn City*
7. Bainbridge Island City
8. Battle Ground City
9. Bellevue City*
10. Bellingham City*
11. Benton County*
12. Bonney Lake City
13. Bothell City*
14. Bremerton City*
15. Burien City*
16. Camas City
17. Centralia City
18. Chelan County*
19. Cheney City
20. Clallam County*
21. Clark County*
22. Covington City
23. Cowlitz County*
24. Des Moines City*
25. Douglas County*
26. East Wenatchee City
27. Edgewood City
28. Edmonds City*
29. Ellensburg City
30. Enumclaw City
31. Everett City*
32. Federal Way City*
33. Ferndale City
34. Fife City
35. Franklin County*
36. Gig Harbor City
37. Grandview City
38. Grant County*
2 Entities denoted with an asterisk (*) indicate a population of greater than 30,000 for purposes of the definition of
Primary Subdivision as it relates to Incentive Payment C.
A-1
39. Grays Harbor County*
40. Island County*
41. Issaquah City*
42. Jefferson County*
43. Kelso City
44. Kenmore City
45. Kennewick City*
46. Kent City*
47. King County*
48. Kirkland City*
49. Kitsap County*
50. Kittitas County*
51. Klickitat County
52. Lacey City*
53. Lake Forest Park City
54. Lake Stevens City*
55. Lakewood City*
56. Lewis County*
57. Liberty Lake City
58. Lincoln County
59. Longview City*
60. Lynden City
61. Lynnwood City*
62. Maple Valley City
63. Marysville City*
64. Mason County*
65. Mercer Island City
66. Mill Creek City
67. Monroe City
68. Moses Lake City
69. Mount Vernon City*
70. Mountlake Terrace City
71. Mukilteo City
72. Newcastle City
73. Oak Harbor City
74. Okanogan County*
75. Olympia City*
76. Pacific County
77. Pasco City*
78. Pend Oreille County
79. Pierce County*
80. Port Angeles City
81. Port Orchard City
82. Poulsbo City
83. Pullman City*
84. Puyallup City*
A-2
85. Redmond City*
86. Renton City*
87. Richland City*
88. Sammamish City*
89. San Juan County
90. Seatac City
91. Seattle City*
92. Sedro-Woolley City
93. Shelton City
94. Shoreline City*
95. Skagit County*
96. Skamania County
97. Snohomish City
98. Snohomish County*
99. Snoqualmie City
100. Spokane City*
101. Spokane County*
102. Spokane Valley City*
103. Stevens County*
104. Sumner City
105. Sunnyside City
106. Tacoma City*
107. Thurston County*
108. Tukwila City
109. Tumwater City
110. University Place City*
111. Vancouver City*
112. Walla Walla City*
113. Walla Walla County*
114. Washougal City
115. Wenatchee City*
116. West Richland City
117. Whatcom County*
118. Whitman County*
119. Woodinville City
120. Yakima City*
121. Yakima County*
A-3
Exhibit B
Litigating Subdivisions
No. Subdivision Name
1. Anacortes City
2. Bainbridge Island City
3. Burlington City
4. Chelan County
5. Clallam County
6. Clark County
7. Everett City
8. Franklin County
9. Island County
10. Jefferson County
11. Kent City
12. King County
13. Kirkland City
14. Kitsap County
15. Kittitas County
16. La Conner School District
17. Lakewood City
18. Lewis County
19. Lincoln County
20. Mount Vernon City
21. Mount Vernon School District
22. Olympia City
23. Pierce County
24. San Juan County
25. Seattle City
26. Sedro-Woolley City
27. Sedro-Woolley School District
28. Skagit County
29. Snohomish County
30. Spokane City
31. Spokane County
32. Tacoma City
33. Thurston County
34. Vancouver City
35. Walla Walla County
36. Whatcom County
37. Whitman County
B-1
Exhibit C
ABC IRS Form 1098-F
This Exhibit C will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
C-1
Exhibit D
Cardinal Health IRS Form 1098-F
This Exhibit D will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
D-1
Exhibit E
McKesson IRS Form 1098-F
This Exhibit E will be appended to the Agreement prior to the Effective Date pursuant to Section
VII.B.
E-1
Exhibit F
Subdivision Settlement Participation Form
Governmental Entity:
State:
Authorized Official:
Address 1:
Address 2:
City, State, Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated May 2, 2022 ("Distributors Washington Settlement"), and acting through the
undersigned authorized official, hereby elects to participate in the Distributors Washington
Settlement, release all Released Claims against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Distributors Washington
Settlement, including the Distributor Global Settlement Agreement dated July 21, 2021
("Global Settlement") attached to the Distributors Washington Settlement as Exhibit H,
understands that all terms in this Participation Form have the meanings defined therein,
and agrees that by signing this Participation Form, the Governmental Entity elects to
participate in the Distributors Washington Settlement and become a Participating
Subdivision as provided therein.
2. The Governmental Entity shall, within 14 days of October 1, 2022 and prior to the filing
of the Consent Judgment, secure the dismissal with prejudice of any Released Claims that
it has filed.
4. The Governmental Entity agrees to the terms of the Distributors Washington Settlement
pertaining to Subdivisions as defined therein.
5. By agreeing to the terms of the Distributors Washington Settlement and becoming a
Releasor, the Governmental Entity is entitled to the benefits provided therein, including,
if applicable, monetary payments beginning after December 1, 2022.
6. The Governmental Entity agrees to use any monies it receives through the Distributors
Washington Settlement solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the Washington Consent
Judgment Court for purposes limited to that court's role as provided in, and for resolving
disputes to the extent provided in, the Distributors Washington Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in the
Distributors Washington Settlement.
F-1
8. The Governmental Entity has the right to enforce the Distributors Washington Settlement
as provided therein.
9. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Distributors Washington Settlement, including, but not limited to, all
provisions of Section XI of the Global Settlement, and along with all departments,
agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a
release to the fullest extent of its authority. As a Releasor, the Governmental Entity
hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim,
or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Distributors Washington Settlement are
intended by the Agreement Parties to be broad and shall be interpreted so as to give the
Released Entities the broadest possible bar against any liability relating in any way to
Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Distributors Washington Settlement shall be a complete bar to any
Released Claim.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Distributors Washington Settlement.
11. In connection with the releases provided for in the Distributors Washington Settlement,
each Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release, and that if known by him or
her would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the date the Distributors Washington Settlement becomes
effective pursuant to Section II.B of the Distributors Washington Settlement, any and all
Released Claims that may exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental
Entities' decision to participate in the Distributors Washington Settlement.
F-2
12. Nothing herein is intended to modify in any way the terms of the Distributors
Washington Settlement, to which Governmental Entity hereby agrees. To the extent this
Participation Form is worded differently from Exhibit F to the Distributors Washington
Settlement or interpreted differently from the Distributors Washington Settlement in any
respect, the Distributors Washington Settlement controls.
I have all necessary power and authorization to execute this Participation Form on behalf of the
Governmental Entity.
Signature:
Name:
Title:
Date:
F-3
Exhibit G
Consent Judgment and Stipulation of Dismissal with Prejudice
The Honorable Michael Ramsey Scott
Trial Date: November 15, 2021
STATE OF WASHINGTON
KING COUNTY SUPERIOR COURT
STATE OF WASHINGTON,
Plaintiff,
v.
MCKESSON CORPORATION,
CARDINAL HEALTH INC., and
AMERISOURCEBERGEN DRUG
CORPORATION,
Defendants.
NO. 19-2-06975-9 SEA
FINAL CONSENT JUDGMENT AND
DISMISSAL WITH PREJUDICE
FINAL CONSENT JUDGMENT AND DISMISSAL WITH PREJUDICE
The State of Washington ("State") and McKesson Corporation, Cardinal Health, Inc.,
AmerisourceBergen Drug Corporation and AmerisourceBergen Corporation, together with the
subsidiaries thereof (collectively, the "Settling Distributors," and each a "Settling Distributor")
(together with the State, the "Parties," and each a "Party") have entered into a consensual
resolution of the above -captioned litigation (the "Action") pursuant to a settlement agreement
entitled Distributors Washington Settlement Agreement, dated as of May 2, 2022 (the
"Washington Agreement"), a copy of which is attached hereto as Exhibit A. The Washington
Agreement shall become effective by its terms upon the entry of this Final Consent Judgment
(the "Judgment") by the Court without adjudication of any contested issue of fact or law, and
without finding or admission of wrongdoing or liability of any kind. By entering into the
Washington Agreement, the State of Washington agrees to be bound by all terms and conditions
G-1
of the Distributor Settlement Agreement, dated as of July 21, 2021 (as subsequently updated)
(the "Global Agreement"), a copy of which is attached hereto as Exhibit B (together with the
Washington Agreement, the "Agreements") unless stated otherwise in the Washington
Agreement. Unless stated otherwise in the Washington Agreement, the terms of the Washington
Agreement are intended to be consistent with the terms of the Global Settlement and shall be
construed accordingly.
I. RECITALS:
1. Each Party warrants and represents that it engaged in arm's-length negotiations in good
faith. In hereby executing the Agreements, the Parties intend to effect a good -faith settlement.
2. The State has determined that the Agreements are in the public interest.
3. The Settling Distributors deny the allegations against them and that they have any
liability whatsoever to the State, its Subdivisions, and/or (a) any of the State's or Subdivisions'
departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, including its Attorney General, and any person in his or her official capacity whether
elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming
by or through any of the foregoing, (b) any public entities, public instrumentalities, public
educational institutions, unincorporated districts, fire districts, irrigation districts, and other
Special Districts, and (c) any person or entity acting in a parens patriae, sovereign, quasi -
sovereign, private attorney general, qui tam, taxpayer, or other capacity seeking relief on behalf of
or generally applicable to the general public.
4. The Parties recognize that the outcome of the Action is uncertain and a final resolution
through the adversarial process likely will require protracted litigation.
5. The Parties agree to the entry of the injunctive relief terms pursuant to Exhibit P of the
Global Agreement.
6. Therefore, without any admission of liability or wrongdoing by the Settling Distributors
or any other Released Entities (as defined in the Global Agreement), the Parties now mutually
consent to the entry of this Judgment and agree to dismissal of the claims with prejudice pursuant
G-2
to the terms of the Agreements to avoid the delay, expense, inconvenience, and uncertainty of
protracted litigation.
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
In consideration of the mutual promises, terms, and conditions set forth in the
Agreements, the adequacy of which is hereby acknowledged by all Parties, it is agreed by and
between the Settling Distributors and the State, and adjudicated by the Court, as follows:
1. The foregoing Recitals are incorporated herein and constitute an express term of this
Judgment.
2. The Parties have entered into a full and final settlement of all Released Claims of
Releasors against the Settling Distributors (including but not limited to the State) and the Released
Entities pursuant to the terms and conditions set forth in the Agreements.
3. The "Definitions" set forth in Section I of the Global Agreement are incorporated by
reference into this Judgment. The State is a "Settling State" within the meaning of the Global
Agreement. Unless otherwise defined herein, capitalized terms in this Judgment shall have the
same meaning given to them in the Global Agreement, or, if not defined in the Global Agreement,
the same meaning given to them in the Washington Agreement.
4. The Parties agree that the Court has jurisdiction over the subject matter of the Action
and over the Parties with respect to the Action and this Judgment. This Judgment shall not be
construed or used as a waiver of any jurisdictional defense the Settling Distributors or any other
Released Entity may raise in any other proceeding.
5. The Court finds that the Agreements were entered into in good faith.
6. The Court finds that entry of this Judgment is in the public interest and reflects a
negotiated settlement agreed to by the Parties. The Action is dismissed with prejudice, subject to
a retention of jurisdiction by the Court as provided herein and in the Agreements.
G-3
7. By this Judgment, the Agreements are hereby approved by the Court, and the Court
hereby adopts their terms as its own determination of this matter and the Parties' respective rights
and obligations.
8. The Court shall have authority to resolve disputes identified in Section VI.F.1 of the
Global Agreement, governed by the rules and procedures of the Court.
9. The Parties have satisfied the Conditions to Effectiveness of Agreement set forth in
Section II.B of the Washington Agreement as follows:
a. The Enforcement Committee and the Settling Distributors executed the
Enforcement Committee Agreement by June 1, 2022.
b. All Litigating Subdivisions in the State of Washington and ninety percent (90%)
of Non -Litigating Primary Subdivisions (calculated by population pursuant to the
Global Settlement) in the State of Washington became Participating Subdivisions
by September 23, 2022.
10. The Parties have satisfied the Condition to Effectiveness of Agreement set forth in
Section VIII of the Global Agreement and the Release set forth in Sections XI.A, F, and G of the
Global Agreement, as follows:
a. The Attorney General of the State exercised the fullest extent of his or her powers
to release the Settling Distributors and all other Released Entities from all
Released Claims pursuant to the release attached hereto as Exhibit C (the "AG
Release").
b. The Settling Distributors have determined that there is sufficient State
participation and sufficient resolution of the Claims of the Litigating Subdivisions
in the Settling States to proceed with the Agreements.
c. The Participation Form for each Initial Participating Subdivision in the State has
been delivered to the Settling Distributors. As stated in the Participation Form,
and for the avoidance of doubt, nothing in the Participation Form executed by the
Participating Subdivisions is intended to modify in any way the terms of the
G-4
Agreements to which the Participating Subdivisions agree. As stated in the
Participation Form, to the extent the executed version of the Participation Form
differs from the Global Agreement in any respect, the Global Agreement controls.
d. Pursuant to Section VIII.B of the Global Agreement, each Participating
Subdivision in the State is dismissing with prejudice any Released Claims that it
has filed against the Settling Distributors and the Released Entities.
11. Release. The Parties acknowledge that the AG Release, which is incorporated by
reference herein, is an integral part of this Judgment. Pursuant to the Agreements and the AG
Release and without limitation and to the maximum extent of the power of the State's Attorney
General, the Settling Distributors and the other Released Entities are, as of the Effective Date,
hereby released from any and all Released Claims of (a) the State and its Participating Subdivisions
and any of their departments, agencies, divisions, boards, commissions, Subdivisions, districts,
instrumentalities of any kind and attorneys, including the State's Attorney General, and any person
in his or her official capacity whether elected or appointed to serve any of the foregoing, and any
agency, person, or other entity claiming by or through any of the foregoing, (b) any public entities,
public instrumentalities, public educational institutions, unincorporated districts, fire districts,
irrigation districts, and other Special Districts in the State, and (c) any person or entity acting in a
parens patriae, sovereign, quasi -sovereign, private attorney general, qui tam, taxpayer, or other
capacity seeking relief on behalf of or generally applicable to the general public with respect to
the State or any Subdivision in the State, whether or not any of them participate in the Agreements.
Pursuant to the Agreements and the AG Release and to the maximum extent of the State' s power,
the Settling Distributors and the other Released Entities are, as of the Effective Date, hereby
released from any and all Released Claims of (1) the State, (2) all past and present executive
departments, state agencies, divisions, boards, commissions and instrumentalities with the
regulatory authority to enforce state and federal controlled substances acts, and (3) any of the
State' s past and present executive departments, agencies, divisions, boards, commissions and
instrumentalities that have the authority to bring Claims related to Covered Conduct seeking
G-5
money (including abatement and/or remediation) or revocation of a pharmaceutical distribution
license. For the purposes of clause (3) above, executive departments, agencies, divisions, boards,
commissions, and instrumentalities are those that are under the executive authority or direct control
of the State' s Governor. Further, the provisions set forth in Section XI of the Global Agreement
are incorporated by reference into this Judgment as if fully set forth herein. The Parties
acknowledge, and the Court finds, that those provisions are an integral part of the Agreements and
this Judgment, and shall govern the rights and obligations of all participants in the settlement. Any
modification of those rights and obligations may be made based only on a writing signed by all
affected parties and approved by the Court.
12. Release of Unknown Claims. The State expressly waives, releases, and forever
discharges any and all provisions, rights, and benefits conferred by any law of any state or territory
of the United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to
claims that the creditor or releasing party does not know or suspect
to exist in his or her favor at the time of executing the release that,
if known by him or her, would have materially affected his or her
settlement with the debtor or released party.
13. The State may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but the State expressly
waived and fully, finally, and forever settled, released and discharged, through the Agreements
and AG Release, any and all Released Claims that may exist as of the Effective Date but which
the State does not know or suspect to exist, whether through ignorance, oversight, error, negligence
or through no fault whatsoever, and which, if known, would have materially affected the State' s
decision to enter into the Agreements.
14. Costs and Fees. The Parties will bear their own costs and attorneys' fees except as
otherwise provided in the Agreements.
G-6
15. No Admission of Liability. The Settling Distributors are consenting to this Judgment
solely for the purpose of effectuating the Agreements, and nothing contained herein may be taken
as or construed to be an admission or concession of any violation of law, rule, or regulation, or of
any other matter of fact or law, or of any liability or wrongdoing, all of which the Settling
Distributors expressly deny. None of the Settling Distributors or any other Released Entity admits
that it caused or contributed to any public nuisance, and none of the Settling Distributors or any
other Released Entity admits any wrongdoing that was or could have been alleged by the State, its
Participating Subdivisions, or any other person or entity. No part of this Judgment shall constitute
evidence of any liability, fault, or wrongdoing by the Settling Distributors or any other Released
Entity. The Parties acknowledge that payments made under the Agreements are not a fine, penalty,
or payment in lieu thereof and are properly characterized as described in Section V.F of the Global
Agreement.
16. No Waiver. This Judgment is entered based on the Agreements without adjudication
of any contested issue of fact or law or finding of liability of any kind. This Judgment shall not be
construed or used as a waiver of any Settling Distributor's right, or any other Released Entity's
right, to defend itself from, or make any arguments in, any other regulatory, governmental, private
individual, or class claims or suits relating to the subject matter or terms of this Judgment.
Notwithstanding the foregoing, the State may enforce the terms of this Judgment as expressly
provided in the Agreements.
17. No Private Right of Action. This Judgment is not intended for use by any third party
for any purpose, including submission to any court for any purpose, except pursuant to Section
VI.A of the Global Agreement. Except as expressly provided in the Agreements, no portion of the
Agreements or this Judgment shall provide any rights to, or be enforceable by, any person or entity
that is not a Settling State or Released Entity. The State shall allow Participating Subdivisions in
the State to notify it of any perceived violations of the Agreements or this Judgment. No Settling
State, including the State of Washington, may assign or otherwise convey any right to enforce any
provision of the Agreements.
G-7
18. Admissibility. It is the intent of the Parties that this Judgment not be admissible in
other cases against the Settling Distributors or binding on the Settling Distributors in any respect
other than in connection with the enforcement of this Judgment or the Agreements. For the
avoidance of doubt, nothing herein shall prohibit a Settling Distributor from entering this Judgment
or the Agreements into evidence in any litigation or arbitration concerning (1) a Settling
Distributor's right to coverage under an insurance contract or (2) the enforcement of the releases
provided for by the Agreements and this Judgment.
19. Preservation of Privilege. Nothing contained in the Agreements or this Judgment, and
no act required to be performed pursuant to the Agreements or this Judgment, is intended to
constitute, cause, or effect any waiver (in whole or in part) of any attorney -client privilege, work
product protection, or common interest/joint defense privilege, and each Party agrees that it shall
not make or cause to be made in any forum any assertion to the contrary.
20. Mutual Interpretation. The Parties agree and stipulate that the Agreements were
negotiated on an arm's-length basis between parties of equal bargaining power and was drafted
jointly by counsel for each Party. Accordingly, the Agreements are incorporated herein by
reference and shall be mutually interpreted and not construed in favor of or against any Party,
except as expressly provided for in the Agreements.
21. Retention of Jurisdiction. The Court shall retain jurisdiction of the Parties for the
limited purpose of the resolution of disputes identified in Section VI.F.1 of the Global Agreement.
The Court shall have jurisdiction over Participating Subdivisions in the State for the limited
purposes identified in the Agreements.
22. Successors and Assigns. This Judgment is binding on each of the Settling Distributor' s
successors and assigns.
23. Modification. This Judgment shall not be modified (by the Court, by any other court,
or by any other means) without the consent of the State and the Settling Distributors, or as provided
for in Section XIV.0 of the Global Agreement.
G-8
So ORDERED this day of
2022.
THE HONORABLE JUDGE MICHAEL. R. SCOTT
APPROVED, AGREED TO AND PRESENTED BY:
ROBERT W. FERGUSON
Attorney General
s/
MARTHA RODRIGUEZ LOPEZ,
WSBA No. 35466
ANDREW R.W. HUGHES, WSBA No. 49515
NATHAN K. BAYS, WSBA No. 43025
BRIANH. ROWE, WSBANo. 56817
SPENCER W. COATES, WSBANo. 49683
KELSEYE. ENDRES, WSBANo. 39409
LAURA K. CLINTON, WSBA No. 29846
JONATHAN J. GUSS, WSBANo. 57663
SUSAN E. LLORENS, WSBA No. 38049
LIAE. PERNELL, WSBANo. 50208
MOTLEY RICE LLC
s/
LINDA SINGER, pro hac vice
ELIZABETH SMITH, pro hac vice
DAVID I. ACKERMAN, pro hac vice
JAMES LEDLIE, pro hac vice
DON MIGLIORI, pro hac vice
REBECCA FONSECA, pro hac vice
MICHAEL J. QUIRK, pro hac vice
ANNIE KOUBA, pro hac vice
MICHAEL J. PENDELL, pro hac vice
CHRISTOPHER MORIARTY, pro hac vice
LISA M. SALTZBURG, pro hac vice
NATALIA DEYNEKA, pro hac vice
MICHAEL E. ELSNER, pro hac vice
ANDREW P. ARNOLD, pro hac vice
MIMI LIU, pro hac vice
STOEL RIVES LLP
s/
VANESSA SORIANO POWER,
WSBA No. 30777
JENNA M. POLIGO, WSBA No. 54466
RACHEL C. LEE, WSBA No. 48245
S. JULIA LITTELL, WSBA No. 54106
PER RAMFJORD, pro hac vice
CHRIS C. RIFER, pro hac vice
WILLIAMS & CONNOLLY LLP
s/
LORYN HELFMANN, pro hac vice
A. JOSHUAPODOLL, pro hac vice
SUZANNE SALGADO, pro hac vice
NEELUM J. WADHWANI, pro hac vice
PAUL E. BOEHM, pro hac vice
ELEANOR J.G. WASSERMAN, pro hac vice
DAVID J. PARK, pro hac vice
JOSHUAD. TULLY, pro hac vice
STEVEN PYSER, pro hac vice
ENU A. MAINIGI, pro hac vice
JENNIFER G. WICHT, pro hac vice
JOSEPH S. BUSHUR, pro hac vice
COLLEEN MCNAMARA, pro hac vice
MATTHEW P. MOONEY, pro hac vice
ASHLEY W. HARDIN, pro hac vice
J. ANDREW KEYES, pro hac vice
EMILY R. PISTILLI, pro hac vice
BRAD MASTERS, pro hac vice
G-9
ANN RITTER, pro hac vice WILLIAM F. HAWKINS, pro hac vice
SARA AGUINGUA, pro hac vice
DAVID BURNETT, pro hac vice Attorneys for Defendant Cardinal Health Inc.
VINCENT GREENE, pro hac vice
Attorneys for Plaintiff State of Washington GORDON TILDEN THOMAS & CORDELL
LLP
s/
FRANKLIN D. CORDELL,
WSBA No. 26392
JEFFREY M. THOMAS,
WSBANo. 21175
KASEY HUEBNER,
WSBA No. 32890
COVINGTON & BURLING
CHISTOPHER EPPICH, pro hac vice
ANDREW STANNER, pro hac vice
KEVIN KELLY, pro hac vice
AMBER CHARLES, pro hac vice
MEGHAN MONAGHAN, pro hac vice
ISAAC CHAPUT, pro hac vice
DANIEL EAGLES, pro hac vice
MEGAN MCLAUGHLIN, pro hac vice
DEVON L. MOBLEY-RITTER, pro hac vice
MEGAN RODGERS, pro hac vice
SONYA D. WINNER, pro hac vice
CLAYTON L. BAILEY, pro hac vice
JAMES A. GOOLD, pro hac vice
EMILY KVESELIS, pro hac vice
PAUL W. SCHMIDT, pro hac vice
ALEXANDER SETZEPFANDT, pro hac vice
CHRISTIAN J. PISTILLI, pro hac vice
LAUREN DORRIS, pro hac vice
NICHOLAS GRIEPSMA, pro hac vice
ALISON DICIURCIO, pro hac vice
SARA J. DENNIS, pro hac vice
PHYLLIS A. JONES, pro hac vice
DALE A. RICE, pro hac vice
Attorneys for Defendant McKesson Corp.
LANE POWELL PC
s/
JOHN S. DEVLIN III, WSBANo. 23988
PILAR FRENCH, WSBANo. 33300
REED SMITH LLP
G-10
ROBERT A. NICHOLAS, pro hac vice
KIM M. WATTERSON, pro hac vice
STEVEN BORANIAN, pro hac vice
ELIZABETH BRANDON, pro hac vice
Attorneys for Defendant AmerisourceBergen
Drug Corporation and AmerisourceBergen
Corporation
G-11
DECLARATION OF SERVICE
I declare that I caused a copy of the foregoing document to be electronically served using
the Court's Electronic Filing System, which will serve a copy of this document upon all counsel
of record.
CARDINAL
Vanessa S. Power, Atty
vanessa.power@stoel.com
Jenna Poligo, Atty
jenna.poligo@stoel.com
Per A. Ramfjord, Atty
per.ramfjord@stoel.com
Rachel C. Lee, Atty
rachel.lee@stoel.com
Christopher C. Rifer, Atty
christopher.rifer@stoel.com
Loryn Helfmann, Atty
lhelfmann@wc.com
A. Joshua Podoll, Atty
apodoll@wc.com
Suzanne Salgado, Atty
ssalgado@wc.com
Neelum J. Wadhwani, Atty
nwadhwani@wc.com
Paul E. Boehm, Atty
pboehm@wc.com
Eleanor J. G. Wasserman, Atty
ewasserman@wc.com
David J. Park, Atty
dpark@wc.com
Joshua D. Tully, Atty
@lly@wccom
Steven Pyser, Atty
spyser@wccom
Enu A. Mainigi, Atty
emainigi@wc.com
Jennifer G. Wicht, Atty
jwicht@wc.com
Joseph S. Bushur, Atty
jbushur@wc.com
Colleen McNamara, Atty
cmcnamara@wc.com
Ashley W. Hardin, Atty
ahardin@wc.com
J. Andrew Keyes, Atty
akeyes@wc.com
Emily R. Pistilli, Atty
epistilli@wc.com
William F. Hawkins, Atty
whawkins@wc.com
Stoel Docketing
docketclerk@stoel.com
Leslie Lomax, Legal Assistant
leslie.lomax@stoel.com
WA Action
cardinalwashingtonaction@wc.com
MCKESSON
Franklin D. Cordell
fcordell@gordontilden.com
Jeffrey M. Thomas
jthomas@gordontilden.com
Kasey Huebner
khuebner@gordontilden.com
Christopher Eppich, Atty
ceppich@cov.com
Andrew Stanner, Atty
astanner@cov.com
Kevin Kelly, Atty
kkelly@cov.com
Amber Charles, Atty
acharles@cov.com
Meghan Monaghan, Atty
mmonaghan@cov.com
Isaac Chaput, Atty
ichaput@cov.com
Daniel Eagles, Atty
deagles@cov.com
Megan McLaughlin, Atty
mmclaughlin@cov.com
Devon L. Mobley -Ritter, Atty
dmobleyritter@cov.com
Megan Rodgers, Atty
mrodgers@cov.com
Sonya D. Winner, Atty
swinner@cov.com
Clayton L. Bailey, Atty
cbailey@cov.com
G-12
James A. Goold, Atty
jgoold@cov.com
Emily Kveselis, Atty
ekveselis@cov.com
Paul W. Schmidt, Atty
pschmidt@cov.com
Alexander Setzepfandt, Atty
asetzepfandt@cov.com
Christian J. Pistilli, Atty
cpistilli@cov.com
Lauren Dorris, Atty
ldorris@cov.com
Nicholas Griepsma, Atty
ngriepsma@cov.com
Alison DiCiurcio, Atty
adiciurcio@cov.com
Sara J. Dennis, Atty
sdennis@cov.com
Phyllis A. Jones, Atty
pajones@cov.com
Dale A. Rice, Atty
drice@cov.com
Nicole Antoine, Atty
nantoine@cov.com
Timothy Hester, Atty
thester@cov.com
Gregory L. Halperin, Atty
ghalperin@cov.com
Stephen Petkis, Atty
spetkis@cov.com
Alice Phillips Atty
aphillips@cov.com
Ellen Evans, Legal Assistant
eevans@gordontilden.com
Jacqueline Lucien Legal Assistant
jlucien@gordontilden.com
Courtney Caryl Garth, Paralegal
ccaryl@gordontilden.com
Electronic Mailing Inbox
mckessonwa@cov.com
AMERISOURCEBERGEN
Pilar French, Atty
frenchp@lanepowell.com
John S. Devlin III, Atty
devlinj@lanepowell.com
Katie Bass, Atty
bassk@lanepowell.com
Elizabeth Brandon, Atty
ebrandon@reedsmith.com
Sarah Johansen, Atty
sjohansen@reedsmith.com
Rachel B. Weil, Atty
rweil@reedsmith.com
Steven Boranian, Atty
sboranian@reedsmith.com
Adam D. Brownrout, Atty
abrownrout@reedsmith.com
Nicole S. Soussan, Atty
nsoussan@reedsmith.com
Brian T. Himmel, Atty
bhimmel@reedsmith.com
Shannon E. McClure, Atty
smcclure@reedsmith.com
Michael J. Salimbene, Atty
msalimbene@reedsmith.com
Robert A. Nicholas, Atty
rnicholas@reedsmith.com
Thomas H. Suddath, Jr., Atty
tsuddath@reedsmith.com
Thomas J. McGarrigle, Atty
tmcgarrigle@reedsmith.com
Courtland C. Chillingworth, Atty
cchillingworth@reedsmith.com
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cvitale@reedsmith.com
Brian T. Kiolbasa, Atty
kiolbasab@lanepowell.com
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Joseph Mahady, Atty
jmahady@reedsmith.com
Jeffrey R. Melton, Atty
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Anne E. Rollins, Atty
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Eric J. Buhr, Atty
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G-13
DATED day of 2022, at Seattle, Washington.
s/
ANDREW R.W. HUGHES, WSBA No. 49515
G-14
Exhibit H
Distributor Global Settlement Agreement
[See attachment.]
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 19, 2022 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: 2022 Recreation Program Update
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Spokane Valley Parks and Recreation prides itself on its diverse set
of programs and events throughout the year. In particular, the summer season boasts
programs and events to create affordable activities for youth and adults.
After two years of modified programs due to the Covid-19 pandemic, the recreation
department is back up and running with its well established programs and a few new
programs and/or events. Summer seasonal staff are hired and trained to plan and lead
these programs and/or events. The recreation division also works closely with sponsors
and partnerships to make these programs successful.
Summer 2022 is off to a great start with programs filled to capacity and events prepared
to take place throughout the season. Staff will provide Council with an update on 2022
recreation program offerings and participation.
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: Discussion
BUDGET/FINANCIAL IMPACTS: Recreation programs are designed to cover
expenses through revenues collected.
STAFF CONTACT: Kendall May, Recreation Coordinator
ATTACHMENTS: PowerPoint Presentation
Spokatae Valley
Recreatim
Siis5ka
2
Recreatiovx Prograwis & Evevlts
• Adult Dance Lessons
• Summer er Park & Meal Program
• Park Program Kick-off Events
• Storytivte in the Park
• Summer Day Camp
• Healthy Kids Day
• Outdoor Yoga
• Game On! Event
• Outdoor Movies in the Park
• Paws in the Pool
• Outdoor Volleyball at Browns Park
Field Usage — Spokane Indians Youth l3aseball
City of Spokane Valley
Parks & Recreation Guide
2022
Summer Day Camp
registration begins
April 4th!
Register online at
www.spokanevalley.org/recreation
or call 509-720-5200 Spokane
.0jNallc.
Adult Davxce Lessovls
• All year round
• Taught by experienced long -tiwte instructor
Melissa Finke — Spokane Dance Class
• Current Sessions:
• Beginner Swing
• Intermediate Swing
• West Coast Swing
• Wedding Prep — one-time occasional classes
Swiwier Park & Meal Program
CITY OF SPOKANE VALLEY PARKS AND RECREATION
FREE
MONDAY - THURSDAY JUNE 20 - AUGUST 11
FREE meals
East Vale]
FREE on -site activities
provided by Spokane Valley
Parks & Recreation provided
from 9:O0am- 12:O0pm
Spokane
1Valley
Edgecliff
Park
Valley
Mission
Park
errace
View
Park
800 5 Park Rd 11123 E Mission 13525 E 24th Ave
No Breakfast Breakfast: 9:00 - 9:30 AM Breakfast: 9:15 - 9:45 AM
Lunch: 11:00-11:30AM Lunch: 11:15-11:45AM Lunch: 11:30AM-12:OOPM
For more info: ;09-720-5200 pokanevalley.org/recreation
Swiwier Park & Meal Prograwi Pavtvters14ips
Li Sal)
SCLD
Park Prograw. Kick -Off Evevtts
• Tuesday — Wednesday — Thursday the
first two weeks of the program
• SCUD provides performer
• First week: Zaniac
• Second Week: Eric Herman and the Puppy
Dogs
• ets the word out about the wteal
program and the park program early
• Free entertainment
Storjtiwie in. the park
• SCLD provides staff to lead 30 minutes
of stories, songs and fingerplays to
explore the concept of literacy and
STEAM (scievlce) technology,
engineering, art and wrath)
• Located at all 3 park program
locations twice during the summer
season.
• Free activity
SCLD
Sw'wier lajCawp
• June 20 — August 26 (10 weeks)
• Ages 6 — 11
• 7 trained staff
• Weekly themes
• Weekly registration
• Field trips to exciting locations &
local parks
• Scholarships available
Spokane Valley Summer Vag Camp • Week P1 • Let the Games Begin • June 20 - June 24
Monday
MORNING
.m
40 is.Bus
Design
Team FLAGS
Tuesday
MORNING
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leaves @10 aro
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auz leave$@IQ am
Thursday
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Friday
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Scavenger• _ J
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LUNCH
LUNCH
LUNCH
LUNCH
LUNCH
EOPSICLE BUILDING
COMPETITION'
14.4
Vapea Mission Dark
Rcr�ati�ro;opIlnPLacE
Attitude Trampoline park
pReturn to C•nt•rPlace
®3;30 B((�LUI
DODGEBALL
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PICKUP@
CENTERPLACE
��jj
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CPuiEMCLACC
PICKUP [0
CENrER PtacP
PICKUP L@
EENTERP E
• BHA -last and lunch provided Monday- Ihursday. B ring Ionian] home on friday jwrzy
• Please remember le ALWAYS bring: 2 healthy snacks, ,towel, water bottle and oanndroe shoes.
• Early drop eft lane earlier than 7:15am.tatepick-up is noIaterthen 5:15pm.
• Parks&Recreation front office number15091720-5200.0ayCampphonenumber-(509)481-1508
Su'viwier Day Camp Couvlselor-Ivx-Traivlivlg Program
• Ages 13 -16
• Cro through application, interview, and
traivting
• Shadow for z+ weeks of Suwtwter Day
Cawtp or the Park Program
• Fills the gap between aging out of camp
and becoming a camp counselor
Hea(thfd Ki'cis Day with YMCA
• Friday, June 17, by YMCA
• Parks and Recreation had a booth
designed by the 2022 Recreation
Interns
• Created information about the
importance of Parks and Recreation in
relation to health benefits
Outdoor Yoga ivy the Park —NEW!
• Tuesdays — July 12 — August q
• Mirabeau Point Park 8 — gam
• Optional activities after class
ZZ
Featuring
Energy Medicine
Yoga
NEW
6.,0(061_�o�.
Gentle -
All Levels
Optional
activities
following the
class
Register online at spokanevalley.org/outdooryoga or call 509-720-5200
awe Ova! Evevxt
• Friday, July 1, on CenterPlace
West Lawn Plaza
• Celebrating July being Parks
and Recreation Month
• Build -A -Park Activity
• Spokane Valley Parks Mix and
Match
• Outdoor Movie — The Lorax
• Free Event
Z2.
Did you know July is Parks and Recreation Month?
Join us to celebrate!
Game On!
& Outdoor Movie: The Lorax
Walk through the Spokane Valley Farmers Market
in the CenterPlace parking lot, grab a snack and
come join us for some fun, free activities to
celebrate July being parks and recreation month!
This fun night will end with an outdoor movie;
make sure to bring a lawn chair or blanket!
Friday, July lst
followed by an outdoor movie
on the CenterPlace West Lawn Plaz
agE
Outdoor Movies ivy the Park
• Saturday, July 23
• Friday, August 5 —
• Free activities and
movie begins
• Move sponsors:
— Luca
Sing 2
crafts before
TDSFIBER.COM
WSECU
Spokane Valley Outdoor Movies
FREE!
LUCA playing
Saturday, July 23rd
@ Mirabeau Point Park
Thanks for our
movie sponsor:
SING 2 playing
Friday, August 5th at
Mirabeau Point Park
Thanks to our movie sponsor:
Movies begin at sunset. Free crafts and activities
will be available before the movie begins!
Paws ivy the Pool
• SutAday, August 28
• $5 per dog admission
• Small and large dog sessions
• Vet from PetVet available
beforehand to check vaccines
and help as needed
Outdoor Volleyball at l3rowvts Park
• Managed by Evergreen Regional
Volleyball Association.
• Tournaments, Events and
Leagues throughout the
Suwtwter season
• Kokua Volleyball Club usage
ZS
I rr. ,, BROWNS PARK SAND
S VOLLEYBALL FACILITY
SUMMER 2022
3101 S Pines Road, Spokane Valley, WA99216
Sand volleyball Leagues and Tournaments are Jointly offered by Spokane Valley Parks
and Recreation .od the Evergreen Region Volleyball Association (EWVA). ERVA is a
Region of USA Volleyball, whose primary function is to lead, serve, and develop the
sport of volleyball for all ages, genders, and abilities through high quality education
and competition. providing a lifetimeof opportunities for all to partidpate in a safe
and positive environment.
As the programming organization for Browns Park, ERVA Installs and maintains the
pro -quality equipment. schedules and hosts events, and promotes the parkas a
community gathering place. A USA volleyball membership is required for all players
vsishing to participate in ERVA outdoor volleyball events.
For the most updated calendar of events or to register for an event, please visit their
website:
Interested in renting the courts For your neat workplace, church, or serial event?
Far more rare 'matins visit
TOURNAMENTS &EVENTS
Events will take place nearly every weekend from allay through September and include
ankle range of opportunities for allege groups and skim I levels. While some events are
bested by ERVA and ethers are managed by outside rndveluats er nrgsndatrens, ALL
volleyball activities are coordinated through ERVA.
Individual event information, Inducting registration instructions and entry tees, will be
listed on the corresponding event's page on the ERVA online calendar.
For more Information or to register, vl ear the evert on their calendar!
LEAGUES
ERVA hosts various leagues throughout the season for bath juniors and Adults in a
variety of forma b.. The leagues Pinup quickly, so register early!
WVArunlor Beach League
Lk!hsJudo' leach Leag.ie 1elccare Urns anti girls o' al ab:l ,es to paltlepa:e n a Vince-veekl:
euhtfro mire, ,rrr hoar,- game and hulld
d.e.Ir VII oil- f
412414 Doubles League b U1E-U13 Doubles League
Learn more here .i .andirague
MA Adult Beads League
This is the premier adult beach vorleyball league is t Ise area, offering mukiple divisions
and excellent cormeetltlon. all at a fantastic facility.
Men's fR Women, Doubles League.L -Wear n,rnbers allow
Coed Doubles League: EivitI =r,-. rl -t-r 1:=r=;l nvr
•Lower:C rrr ht:. Fr- I.1 d, lanind : r ini r, r:,rr ,r: e on the MIT
Learn more here: h-rosllrsww-evercrez-negren. argfaduttsandleagues
1-6
Field Usage
• Spokane Indians Youth Baseball
• SoccerTots
• Skyhawks
CITY OF SPOKANE
VALLEY
Spokane
.Valley
YOUTH SPORTS
Skyhawks SKIL-BASED PROGRAMS
SUMMER 2022
MINI HAWK` CAMP (SOCCER. BASEBALL & BASKETBALL)
FLAG FOOTBALL CAMP iff 'pavan-i,oap,m,
4-7
4-7
5145 re�aev�ewvar
Sias irn�w\ew PaM
turl r Sr<s
151e3 . Ao.n. . r, »,on Park
Te.rrce,ew ,r
512, reira�v�.faik
CHEF RLEADING CAMP
v nr+
TENNIS CAMP
a, Cr. rroi v,a no uit y4ia.
Oa prn
fUL
SPACE IS LIMITED!
ut REGISTERTODAYB
Spokane Indians Youth Baseball and SCttbaJ1 has exciting
playercoach and umpire opportunities coming this summer
to your local parks_ Visit SIl'$.org for More details.
Prograw avid Evevxt Preparatiovx
• Evevtt Planning/Prep
• Program and Evevtt Promotion
• Program Registration
• Sponsorship Outreach
• Scholarships
Fall & Wivtter Preview
• Adult Dance continues
• Valleyfest
• Breakfast with Santa
• Winter Day Camp
And more!
Memorandum
To: Spokane Mayor Nadine Woodward
Council President, Breean Beggs
Councilmembers:
Jonathan Bingle
Lori Kinnear
Karen Stratton
Betsy Wilkerson
Zack Zappone
County Commission Chair Mary Kuney
Commissioners:
Al French
Josh Kerns
From: Zeke Smith, President, Empire Health Foundation
Katy Bruya, Chief HR Officer, Washington Trust Bank, Hello for Good representative
Fawn Schott, President & CEO, Volunteers of America
On behalf of all work session participants
Date: June 27, 2022
Re: Recommendations for immediate priority homeless services funding
Spokane Valley Mayor Pam Haley
Councilmembers:
Tim Hattenburg
Rod Higgins
Laura Padden
Brandi Peetz
Ben Wick
Arne Woodard
I. Introduction
We share an urgency to reduce homelessness in our region. People are dying on our streets.
The imminent summer heat increases the likelihood of more deaths.
We agree we must do whatever it takes to support people off the streets, out of camps, into
safe, stable places to live. We believe we can do it well and fast. We have a responsibility to do
just that. We know we can be successful when everybody involved comes together around
what works.
In this spirit of collaboration, we offer these recommendations for using existing American
Rescue Plan Act (ARPA) and new Department of Commerce-WSDOT Rights of Way resources to
address homelessness in our communities.
We are not telling you how to do your job. We offer our collective, professional advice on
taking action to use these once -in -a -generation resources to make the consequential, visible
impacts on homelessness our entire region wants and deserves.
There are currently 523 people living at Camp Hope, and the population continues to grow.
They are telling us through their actions they want something better, more sustainable, and
safer than staying on the streets. Our recommendations are delivered with urgency for these
1
523 people and our best expertise about what's needed to meet their multiple needs so as
many as possible can move to stable housing.
II. How we got here
These spending recommendations result from three months of collaboration with Spokane
experts that know first-hand what's working and what's not. Crossing function, sector and
jurisdiction — housing and health providers, representatives of Hello for Good, local government
experts and private philanthropy — we believe these ARPA and State dollars present a unique
chance to improve our systems to address homelessness quickly and effectively.
Our recommendations are a product of doing this the Spokane way: people sharing facts,
generating ideas, using their professional expertise, and engaging in honest dialogue about
what's necessary for tangible change. Throughout this effort we talked. We listened to one
another. We didn't argue. We didn't compete. We didn't protect turf. We used a respectful
process to get to consensus about using these once -in -a -generation funds most effectively. This
type of earnest collaboration is necessary to make the kind of change we all want to see.
III. Recommendations
Recommendations focus on the fundamentals our homeless neighbors need to transition to
safe housing. They are designed to strengthen and stabilize our existing collection of services.
They are built on three essential criteria:
■ Alleviating immediate danger.
■ Fulfilling measurable outcomes.
■ Ensuring people — unhoused and housed — can see and experience the change and
improvement.
We insist that spending address multiple needs and strengthen our continuum of services. We
also recognize these one-time funds are best used for one-time or catalytic investments and
minimize the effect of creating a funding cliff in the future. The cities' and county's ARPA and
the Dept. Of Commerce's Rights of Way funding represent a unique opportunity to make a
demonstrable difference. This moment and the urgency represent a mandate for action.
We take two central lessons from others' success: San Diego's intentional, consistent
integration of homeless resources and expertise from service providers, local government and
business; and Houston's ability to move 25,000 off the street and into homes: "Housing people
is a slow, extremely complicated, incremental process that requires all hands on deck, all the
time. Everyone has to come together around the table."
We set a table of seasoned, committed housing and health providers, business people, and
government experts. We offer these spending recommendations to you, the region's elected
representatives, in the spirit of building an even bigger table to make this work possible.
2
We are recommending an integrated comprehensive approach to using these two funding
sources:
■ Prioritizing the current needs of people on the street and living in Camp Hope by
meeting them where they are.
■ Investing in a continuum of safety, mental health, addiction, and housing services.
■ Fueling both transitional and permanent housing.
■ Arming outreach, case management and service professionals with timely, accurate data
to connect people to the services and housing they need.
The following table contains recommendations for spending $65 million of the more than $208
million local governments in Spokane County have available in ARPA funding. Additional detail
is contained in section V of this document (page 5).
ARPA SPENDING RECOMMENDATIONS
Category of Urgent Need
Estimated Cost
Mitigation
$ 4,500,000
Outreach & Direct Services
$ 12,900,000
Behavioral Health
$ 7,000,000
Permanent units
$ 35,790,000
Improved Data System
$ 4,400,000
TOTAL ARPA
$ 64,590,000
For the Department of Commerce-WSDOT rights of way initiative funding — projected to be
$24.8 million in Spokane — the table below represents consensus recommendations to address
the needs of the 523 people living in tents at Camp Hope:
WASHINGTON DEPARTMENTS OF COMMERCE AND
TRANSPORTATION
Property Lease & Site Prep
$ 3,000,000
Purchase & assembly of pallet homes
$ 4,500,000
Property management and operations
$ 3,000,000
Health services - behavioral & primary care
$ 6,000,000
Case management
$ 3,000,000
Outreach
$ 1,200,000
Day services & immediate needs
$ 3,000,000
Total ROW Initiative
$ 23,700,000
3
IV. Fueling lasting change
This unique infusion of funds will be wasted if it also doesn't improve how we do business going
forward. We believe Spokane can create a new way of working together that ensures lasting
impact in how this community addresses the needs of our homeless neighbors and the vitality
of our region.
We suggest doing that requires:
■ Ensuring mutual accountability for results with a multi -sector independent body
providing insight, planning, and guidance on ongoing implementation to create a true
system of care for the homeless community in Spokane County.
■ Exploring a coordinated inter -governmental mechanism to implement common
homelessness strategy and shared funds across Spokane County.
■ Investing in communication to keep residents informed and share visible progress.
■ Ensuring alignment of these one-time funds with long-term investments to address
homelessness in the region — starting with revisiting the required Continuum of Care 5-
year plan and the Hello for Good report.
■ Additional collaborative discussions and planning to systematically address:
o Behavioral health workforce and access challenges;
o Investments in Black, Indigenous, and community of color -led services,
supports, and organizations given the disproportionate impact homelessness
has on these communities;
o Public safety and law enforcement approaches in the homeless community;
and,
o Long-term transitional and permanent housing policy and development.
4
V. Detailed ARPA spending recommendations
DETAIL OF ALL ARPA SPENDING RECOMMENDATIONS
CATEGORIES & ELEMENTS
COSTS ASSUMPTIONS
Outreach and direct services to stabilize people and fuel faster placements into housing
Add skilled outreach and case management workers $ 9,000,000 Cost to add 30 front-line workers for 3 years
Recruitment, training, cross -agency coordination $ 250,000
Landlord mitigation fund $ 3,000,000
Ready to rent program $ 500,000
Tablets and other field tools $ 150,000
Subtotal outreach and direct services $ 12,900,000
Accurate, timely, accountable, and useful data
Assess current conditions; run a procurement $ 150,000
Acquire new homeless data system (+improve CMIS) $ 2,500,000 Based on comparables from other jurisdictions
Implementation, training, contract amendments $ 250,000
Add 2 new city admin employees $ 750,000
Annual maintenance $ 750,000
Subtotal Data Systems Investments $ 4,400,000
Mental Health and Substance Use Disorder Treatment Services
Maximize use of existing facilities & add new capacity $ 7,000,000 Behavioral health experts to advise on elements
Subtotal Behavioral Health $ 7,000,000
Development of Permanent Units
Capital investments for stalled developments $
35,790,000 Gap $ for 386 units w/in the existing 1000-u pipeline
Subtotal Permanent Units $ 35,790,000
Mitigate impacts of street homelessness
Stainless steel toilets $ 3,000,000 Cost of 5 stainless steel toilet systems
Land lease $ 100,000
Garbage cans & regular pick up $ 150,000
Drinking fountains and water refill stations $ 250,000
Safe parking $ 1,000,000 Security, program admin, staffing contract
Subtotal Mitigation $ 4,500,000
ARPA TOTAL RECOMMENDED INVESTMENTS $ 64,590,000
5
List of individuals who participated in the discussions and development of these
recommendations
Name Organization
Chrystal Alderman Frontier Behavorial Health
Arrielle Anderson Spokane Housing Authority
Barry Barfield Spokane Homeless Coalition
Shannon Boniface Catholic Charities Eastern Washington
Dale Briese Continuum of Care Board, Lived Experience
Katy Bruya Hello for Good, Washington Trust Bank
Hallie Burchinal Compassionate Addiction Treatment
Bridgette Cannon Volunteers of America
Jenn Cerecedes Housing and Human Services Division, City of Spokane
Tim Crowley Housing & Community Development Division, Spokane County
Brian Davenport Eastern Washington University
Eric Finch Housing and Human Services Division, City of Spokane
Julie Garcia Jewels Helping Hands
Breianna Gorder Consistent Care
Julius Hendrickson Spokane County United Way
Tom Hormel Housing and Community Development Advisory Committee
Adriane Leithauser Community, Housing & Human Services Board
Robert Lippman Spokane Homeless Coalition
Mary Logan Spokane Municipal Court, City of Spokane
Bob Lutz State Board of Health
Kim McCollim HUD
Jamie McIntyre Spokane City Fire Department
Jonathan Mallahan Catholic Charities Eastern Washington
Melissa Morrison Better Health Together
Chris Patterson Hello for Good
Bob Peeler SNAP
Daniel Ramos Housing and Human Services Division, City of Spokane
Jeri Rathbun Community, Housing & Human Services Board
Aaron Riley SNAP
Eric Robison Housing & Homeless Coordinator, Spokane Valley
David Sackman Catholic Charities Eastern Washington
Fawn Schott Volunteers of America
Alex Scott WA State Department of Commerce
Ben Small Innovia, Launch NW
Morgan Smith Spokane County United Way
Gage Spicer Volunteers of America
Ben Stuckart Continuum of Care Board, SLIHC
Jeff Thomas Frontier Behavioral Health
Meagan Vincello Community, Housing & Human Services, City of Spokane
6
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 19, 2022
Check all that apply: ❑ consent ❑ old business
❑ information ® admin. report
AGENDA ITEM TITLE: Fire Department Report
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
Department Director Approval:
❑ new business ❑ public hearing
❑ pending legislation ❑ executive session
BACKGROUND: Fire Chief Soto will give a report on his department's monthly activities.
OPTIONS: Discussion/information
RECOMMENDED ACTION OR MOTION: Discussion/information
BUDGET/FINANCIAL IMPACTS: n/a
STAFF CONTACT:
ATTACHMENTS: PowerPoint, along with additional explanatory information
(GCB)
i, inp Jtkal7
Conservation Are
Station
Dishman Hills
Conservation Area
- Glenrose Unit
Station
Station
Spokane Valley
Station
Antoine Peak
Conservation Area
Sta:ian 85
Station-4
Station 3
Saliese Uplands
Conservation
Area
N€WMAN
LAKE
Liberty
1 Lake
Liberty Lake
Regional Park
Spokane Valley FD Incident & Response Numbers for June and YTD - 2022
Incidents Explorer 2022 Year -to -Date Incidents
Fire
Suppression
8_66%
Wildland
Fire 0.12%
1
Haz Mat 0.91%
EMS 83.84%
Hazard Class % ►
Top Nature Types
Total Incidents
100
50
63585747434141
11.1 1 2$
0
CC -CALL
32-UNKNOWN CANCELLED
Incident Nature
11 Top Nature Types
pr'r�r
imck
Beacon Hill
ranservarion ,area _
PASADENA
POkane Rive
amen h
Lira, Are
ashram Hills
Conservation Area
- Gienrose Unit
0
Station
.10
RAN Ur
Spokane County, WA State Parks GIS, Esri, HERE, Garmin, SafeGraph, ',eoTechnoloclies, Inc, METI/NASA, USES, B
St; 1.1Or, 11)
All Incident Locations
HazardClass
EMS
Fire Suppression
Tech Rescue
Haz Mat
Other
Wildland Fire
Rescue Task Force
Other
Number of features
133
100
► Map Data Table
1,640
Total Incidents by Month
Total Inciden
1
2k
1k
0
339
Jan Mar May Jul
Month
Incidents by Month
Total Incidents by Jurisdiction
v
20 -
° City City City Spok Spoka
H of of of ane ne
Libert Millw Spoka Count
y Lake ood ne y
Valle Insid
► Incidents by Jurisdiction ►
Incidents for Spokane Valley —June 2022
Responses Explorer
*A response is counted when an apparatus activates the responding button and an en route time is recorded
tecn rescue
4.38%
Fire
Suppression
1 1.08%
Wildland
Fire 0.13%
1
Haz Mat 1.39%
EMS 82.1 5%
Hazard Class % ►
Average Travel Time (Seconds)
1
400 600
200 800
0 k
282.9
Average Travel Time ►
1,507
Beacon Hill
Conservatran Arc
PASADENA
PARK
kane River
Station
a n Hr
atural Are
Dishman Hills
Conservation Area
- Gtenrrese Unit
CHESTER
gdfail
84
4
2
�5 TR€NTWat3D 5
5
Indiana A
3
Responses
ServiceAreaResponse
Yes
No
N/A
<all other values
Number of features
>81
60
40
20
�2
Spokane County, WA State Parks GIS, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASi\, USGS,
Total Responses by Month
0
Q- 2k
C 10
315
Jan Apr Jul
Month
1 Responses by Month
% On Scene Responses Occurred
Within
No 42.93%
•
Yes 57.07%
Total Res ■
0
f0 ei
0
H
1
Responses for Spokane Valley —June 2022
Top 5 Responses for June 2022
1. 116 — 17 Falls
2. 88 — 32 Unknown
3. 63 — 25 Psych
4. 58 — 26 Sick
5. 47 — 6 Breathing Problem
Other 1.65%
Tech Rescue
4.82%
Fire
Suppression
8.66%
Wildland
Fire 0.12%
Haz Mat 0.91 %
EMS 83.84%
Incidents Explorer 2022 Year -to -Date Incidents
Suppression
7.64%
null 0.02%
Wildland
Fire 0.21%
1
Haz Mat 0.8%
Rescue Task
Force 0.01 %
EMS 84.07%
Hazard Class % ►
Top Nature Types
Total Incidents
1
600
46743
400
200
0
19
525 1I96190
1 11.
CC -CALL
32-UNKNOWN CANCELLED
Incident Nature
Beacon Hitt
;nnservaton n,
IRAN
M6►uENw
PARK
LlisnnrarHills
Censervatlon Area
- Glenrose Unit
All Incident Locations
HazardClass
EMS
Fire Suppression
Tech Rescue
Haz Mat
Other
Wildland Fire
Rescue Task Force
Other
Number of features
782
600
Uns
-Spokane County, WA State ParkG1S,4Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, B
Top Nature Types ► Map Data Table
9,651
Total Incidents by Month
otal Inciden
2k
1k
0
339
Jan Mar May Jul
Month
Incidents by Month
Total Incidents by Jurisdiction
c 194
Tto,, City City Spry
of of kan
Libe Spok e
rty ane Cou
Lake Va l l my
Incidents by Jurisdiction
Year -to -Date Responses — 2022
I ecn Rescue
5.97%
Fire
Suppression
10.51%
Wildland
Fire0.19%
41
Responses Explorer
*A response is counted when an apparatus activates the responding button and an en route time is recorded
Responses
ServiceAreaResponse
Yes
No
N/A
calf other va9ues>
Haz Mat 1 .0b%
Rescue Task
Force 0.04%
PF�
EMS 81 .42% U I
Hazard Class %
Average Turnout Time (Seconds)
400 600
200 800
0
76.6
1k
Average Turnout Time
9,083
AN
t x=ace Hdh
3onservation Area
fs_
Sta [ion
ishman Hi
aturaJ Am
Dishman Hills
Conservalfon Area
- Glenrose unit
PASAL ENA
PARK
nPO ,3e River.
fi
reset n
.410
Total Responses by Month
0
0- 2k
k
ce 10
iiinn 81
a' 3
315
Jan Apr Jul
Month
Responses by Month ►
flCl�
•okaneJley Fi
1�29 g3
StaW I
Tg
Number of features
> 487
350
250
100
�2
% On Scene Responses Occurred
Within
No 37.39%
•
Yes 62.61%
Year -to -Date Incidents — 2022
Top 5 Responses for Year -to -Date 2022
1. 838 — 17 Falls
2. 469 — 32 Unknown
3. 391— 26 Sick
4. 375 — 25 Psych
5. 319 — 6 Breathing Problem
Other 1.99%
Tech Rescue
Fire 5.26%
Suppression
7.64%
null 0.02%
Wildland
Fire 0.21 %
Haz Mat 0.8%
Rescue Task
Force 0.01 %
EMS 84.07%
Significant Events
• Battle of Badges at Grocery Outlet raising money and awareness for local hunger in our community.
o SVFD Team 1 $4,624.74
o SVFD Team 2 $3,681.30
o SPD only 1 Team $2,195.00
• Water rescue calls are increasing due to the nature of the time of year. We can't stress enough the need for our community to wear life
jackets. The river is unpredictable, and the currents and temperatures can be dangerous. It may be warm outside, but the river is fed from
the ground and aquafer keeping it cold. Hypothermia is a real threat.
• Motorcycle collisions with serious injury are happening weekly.
• !AFC Heart Safe Community Award Winner
Significant Incidents:
• 3 Structure fires — garage, commercial, and house
o June 8 — crews responded to a late -night house fire in the 13400 block of E 22nd Avenue. The fire was in the basement of the home
but started in the upstairs kitchen where plastic cooking wear had been placed in the dishwasher for cleaning. The plastic wear
melted from the heat and through the bottom of the dishwasher into the basement. The home was safely evacuated of all
occupants however because of the damage and smoke, the home was inhabitable. Red Cross provided temporary housing.
o June 9 — detached garage fire started by a BBQ. The report came in as exploding propane tanks and spray cans near the 7200 block
of E Carlisle. Crews arrived to find a fully involved 10x20 detached garage fire. Crews quickly put out the fire but the structure and
contents were a total loss.
o June 28 — Crews responded to a commercial fire in the early morning around 1 a.m. near the 6500 block of E Sprague Avenue. A fire
was started outside of a business. Crews were able to extinguish the fire and damage to the structure was minimal. The fire was
started by a transient in the area, however, the intent of the fire is unknown but is not suspected as arson.
• Motorcycle Collision — June 3, 2022, 5:20 p.m.
Spokane Valley Fire Department and Spokane Valley Deputies and Traffic Unit Investigators responded to the scene of a fatal motorcycle
crash in the 12900 block of E. Mansfield Avenue in Spokane Valley. A caller stated a male motorcycle rider appeared unconscious and not
breathing. Unfortunately, the adult male rider was pronounced deceased at the scene. Spokane Valley Traffic Unit Technicians were called
to the scene, as were SIRT Volunteers to assist with traffic control. Initial Information from witnesses indicates the motorcycle was traveling
east on Mansfield at a high rate of speed and passed a car traveling in the same direction. It continued east and struck a Dodge truck,
driven by an adult male, that was turning onto Mansfield. The driver of the truck was not injured and is cooperating with Investigators.
• Vehicle vs Motorcycle Collision - June 7, 2022, 2:30 p.m.
Spokane Valley Fire Department and Spokane Valley Traffic Unit Investigators responded to the scene of a vehicle vs. motorcycle collision
on N. Mullan Road at E Valleyway in Spokane Valley. The injured rider was transported to the hospital for treatment and further
evaluation. Deputies arrived and began the investigation as Spokane Valley Fire personnel provided medical treatment to the injured rider,
who was transported to the hospital for additional care/evaluation. His injuries did not appear to be life -threatening. The driver of the van
remained at the scene and was not injured.
• Water Rescue - On June 11, 2022, at approximately 4:40 pm., Spokane County Sheriff's Deputies, Spokane Valley Deputies, and Spokane
Valley Fire Department crews responded to the report of a possible drowning in the Spokane River near Boulder Beach. Callers reported a
20-year-old male was in the river, appeared to be having difficulties, and was being swept down the river by the strong current. Deputies
and fire personnel arrived at the location and quickly requested additional resources to assist in the search and rescue operation, but
unfortunately, he was not located.
• Child locked in vehicle - June 20, 18:54, near E Broadway Avenue and N Eagle street SVFD crews were called to help assist with a child
locked inside a vehicle. This time of year, with warming temperatures this is always of concern as time matters. Crews arrived to find a 1.5-
year-old child inside a vehicle parked in a driveway. The child was not in distress. Valley Engine 3 (VE3) Firefighters were able to quickly
gain access and remove the child from the car. The child was evaluated and did not appear harmed or at risk of heat related effects.
About SVFD
The Spokane Valley Fire Department (SVFD) serves a population of 136,000+ over 75-square miles, including the cities of Spokane Valley, Liberty
Lake and Millwood, as well as surrounding unincorporated areas. In 2021, our cross -trained Firefighter/EMTs and Firefighter/Paramedics responded
to more than 22,400 emergency calls. Established in 1940, SVFD is committed to pursuing excellence and is distinguished as an accredited agency by
the Commission on Fire Accreditation International (CFAI), and by SVFD's Class 2 fire insurance rating from the Washington Survey and Rating
Bureau. Connect with SVFD at: spokanevallevfire.com. For department news, safety information, and timely updates, find us on Facebook, Twitter,
Instagram, Linkedln, and YouTube.
Additional Explanatory Information of SVFD PPT Slides:
1. Slide 2 — These are the total INCIDENTS that we were dispatched to by SREC in the City of
Spokane Valley for the reporting month.
a. The Blue circles indicate EMS calls (the rest of the colors are explained in the legend).
b. The numbers located in the circles are the amount of times we were dispatched to the
same address/location (the higher the number the more calls).
c. The reddish, yellowish, and blueish coloration in the background is the heat map. The
areas with yellow are the busiest areas we are dispatched to.
2. Slide 3 — These are the total RESPONSES to 911 calls in the City of Spokane Valley for the
reporting month.
a. The Green colored circles indicate responses to calls within the primary unit's response
area.
b. The Salmon colored circles indicate responses to calls outside of the primary unit's
response area (occurs for any call requiring additional units from other SVFD Fire
Station's, i.e. Fires, Water Rescues, or when there is more than one EMS call occurring in
a Fire Station's first run area, etc.).
c. The numbers located in the circles are the amount of times we responded to the same
address/location (the higher the number the more calls).
d. The Light Brownish background color indicates the City of Spokane Valley response
area.
3. Slide 5 — These are the total INCIDENTS to 911 calls in the City of Spokane Valley YEAR-TO-DATE.
a. The Blue circles indicate EMS calls (the rest of the colors are explained in the legend).
b. The numbers located in the circles are the amount of times we were dispatched to the
same address/location (the higher the number the more calls).
c. The reddish, yellowish, and blueish coloration in the background is the heat map. The
areas with yellow are the busiest areas we are dispatched to.
4. Slide 6 — These are the total RESPONSES to 911 calls in the City of Spokane Valley YEAR-TO-
DATE.
a. The Green colored circles indicate responses to calls within the primary unit's response
area.
b. The Salmon colored circles indicate responses to calls outside of the primary unit's
response area (occurs for any call requiring additional units from other SVFD Fire
Station's, i.e. Fires, Water Rescues, or when there is more than one EMS call occurring in
a Fire Station's first run area, etc.).
c. The numbers located in the circles are the amount of times we responded to the same
address/location (the higher the number the more calls).
d. The Light Brownish background color indicates the City of Spokane Valley response area
5. Slide 8
Significant Events
• Battle of Badges at Grocery Outlet raising money and awareness for local hunger
in our community.
o SVFD Team 1 $4,624.74
o SVFD Team 2 $3,681.30
o SPD only 1 Team $2,195.00
• Water rescue calls are increasing due to the nature of the time of year. We can't
stress enough the need for our community to wear life jackets. The river is
unpredictable, and the currents and temperatures can be dangerous. It may be
warm outside, but the river is fed from the ground and aquafer keeping it cold.
Hypothermia is a real threat.
• Motorcycle collisions with serious injury are happening weekly.
• !AFC Heart Safe Community Award Winner
Significant Incidents:
• 3 Structure fires — garage, commercial, and house
o June 8 — crews responded to a late -night house fire in the 13400 block of E 22nd
Avenue. The fire was in the basement of the home but started in the upstairs
kitchen where plastic cooking wear had been placed in the dishwasher for
cleaning. The plastic wear melted from the heat and through the bottom of the
dishwasher into the basement. The home was safely evacuated of all occupants
however because of the damage and smoke, the home was inhabitable. Red
Cross provided temporary housing.
o June 9 — detached garage fire started by a BBQ. The report came in as exploding
propane tanks and spray cans near the 7200 block of E Carlisle. Crews arrived to
find a fully involved 10x20 detached garage fire. Crews quickly put out the fire
but the structure and contents were a total loss.
o June 28 — Crews responded to a commercial fire in the early morning around 1
a.m. near the 6500 block of E Sprague Avenue. A fire was started outside of a
business. Crews were able to extinguish the fire and damage to the structure
was minimal. The fire was started by a transient in the area, however, the intent
of the fire is unknown but is not suspected as arson.
6. Slide 9
• Motorcycle Collision —June 3, 2022, 5:20 p.m.
Spokane Valley Fire Department and Spokane Valley Deputies and Traffic Unit
Investigators responded to the scene of a fatal motorcycle crash in the 12900
block of E. Mansfield Avenue in Spokane Valley. A caller stated a male
motorcycle rider appeared unconscious and not breathing. Unfortunately, the
adult male rider was pronounced deceased at the scene. Spokane Valley Traffic
Unit Technicians were called to the scene, as were SIRT Volunteers to assist with
traffic control. Initial Information from witnesses indicates the motorcycle was
traveling east on Mansfield at a high rate of speed and passed a car traveling in
the same direction. It continued east and struck a Dodge truck, driven by an
adult male, that was turning onto Mansfield. The driver of the truck was not
injured and is cooperating with Investigators.
• Vehicle vs Motorcycle Collision - June 7, 2022, 2:30 p.m.
Spokane Valley Fire Department and Spokane Valley Traffic Unit Investigators
responded to the scene of a vehicle vs. motorcycle collision on N. Mullan Road at
E Valleyway in Spokane Valley. The injured rider was transported to the hospital
for treatment and further evaluation. Deputies arrived and began the
investigation as Spokane Valley Fire personnel provided medical treatment to
the injured rider, who was transported to the hospital for additional
care/evaluation. His injuries did not appear to be life -threatening. The driver of
the van remained at the scene and was not injured.
• Water Rescue - On June 11, 2022, at approximately 4:40 pm., Spokane County
Sheriff's Deputies, Spokane Valley Deputies, and Spokane Valley Fire Department
crews responded to the report of a possible drowning in the Spokane River near
Boulder Beach. Callers reported a 20-year-old male was in the river, appeared to
be having difficulties, and was being swept down the river by the strong
current. Deputies and fire personnel arrived at the location and quickly
requested additional resources to assist in the search and rescue operation, but
unfortunately, he was not located.
• Child locked in vehicle - June 20, 18:54, near E Broadway Avenue and N Eagle
street SVFD crews were called to help assist with a child locked inside a vehicle.
This time of year, with warming temperatures this is always of concern as time
matters. Crews arrived to find a 1.5-year-old child inside a vehicle parked in a
driveway. The child was not in distress. Valley Engine 3 (VE3) Firefighters were
able to quickly gain access and remove the child from the car. The child was
evaluated and did not appear harmed or at risk of heat related effects.
About SVFD
The Spokane Valley Fire Department (SVFD) serves a population of 136,000+ over
75-square miles, including the cities of Spokane Valley, Liberty Lake and
Millwood, as well as surrounding unincorporated areas. In 2021, our cross -
trained Firefighter/EMTs and Firefighter/Paramedics responded to more than
22,400 emergency calls. Established in 1940, SVFD is committed to pursuing
excellence and is distinguished as an accredited agency by the Commission on
Fire Accreditation International (CFAI), and by SVFD's Class 2 fire insurance rating
from the Washington Survey and Rating Bureau. Connect with SVFD at:
spokanevalleyfire.com. For department news, safety information, and timely
updates, find us on Facebook, Twitter, Instagram, Linkedln, and YouTube.
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 19, 2022 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Council Goals and Priorities for Lodging Tax Advisory Committee
(LTAC) .
GOVERNING LEGISLATION: State Law RCW 82.08 and 67.28; Spokane Valley Municipal
Code 3.20
PREVIOUS COUNCIL ACTION TAKEN: No action on the 2022 process leading to 2023
awards has been taken thus far. Council goals and priorities for using lodging tax revenues to
benefit tourism in Spokane Valley were last reviewed by Council on August 10, 2021.
BACKGROUND:
The Tax Rate:
Pursuant to SVMC 3.20.010, the City has imposed and levied a total tax of 3.3 percent on the
furnishing of lodging that occurs with Spokane Valley. The total tax is made of two portions and
each portion may be used for different purposes.
"2% Portion": The amounts from the first 2% are referred to as the "2% Portion" and may be
used for any and all of the four purposes allowed by State law (identified below). All financial
activity for the 2% portion is recorded in City's Hotel/Motel Tax Fund #105. Historically, all
awards have come from the 2% portion. This tax is taken as a credit against the 6.5% state
sales tax, so that the total tax a patron pays in retail sales tax and the hotel/motel tax combined
is equal to the retail sales tax in the jurisdiction — which for Spokane Valley is 8.9%. The
estimated revenues for the initial 2% lodging tax in the 2022 Budget is currently $600,000. This
revenue stream was significantly impacted by the effects of the COVID-19 pandemic and
related economic shutdowns. However, collections appear to have recovered as the economy
reopened.
"1.3% Portion": The amounts in Fund #104 from the additional 1.3% are referred to as the "1.3%
Portion" and have specifically been limited by City Council to be used "solely for capital
expenditures for acquiring, constructing, making improvements to or other related capital
expenditures for large sporting venues, or venues for tourism -related facilities, which facilities
generate overnight guests at lodging facilities...." See SVMC 3.20.020(B). All financial activity
for the 1.3% portion is recorded in City's Hotel/Motel Tax — Tourism Facilities Fund #104. This
tax is in addition to the existing 8.9% sales tax imposed in Spokane Valley, and when combined
with a 2.0% lodging tax imposed by the Spokane Public Facilities District, it causes the total
lodging tax rate in Spokane Valley to equal 12.0%. The current estimate for this tax in the 2022
Budget is $400,000. As discussed above with the 2% tax, staff believes this revenue stream has
recovered from the impacts of the COVID-19 pandemic.
Page 1 of 5
The combined sales and lodging tax rates are shown in the table below:
Sales tax
State of Washington
City of Spokane Valley
Spokane County
Criminal Justice
Spokane PFD
Public Safety
Juvenile Jail
Mental Health
Law Enforcement Communications
Spokane Transit Authority
Total sales tax
Tax Components
Retail I Hotel
6.50% 4.50%
0.85% 0.85%
0.15% 0.15%
0.10% 0.10%
0.10% 0.10%
0.10% 0.10%
0.10% 0.10%
0.10% 0.10%
0.10% 0.10%
0.80% 0.60%
8.90% 6.70%
Lodging tax
City of Spokane Valley (initial 2.0% tax) 0.00% 2.00%
City of Spokane Valley (additional 1.3% tax) 0.00% 1.30%
Spokane PFD 0.00% 2.00%
Total lodging tax 0.00% 5.30%
Total tax 8.90% 12.00%
Lodging Tax Advisory Committee (LTAC)
The organizations to which the tax proceeds are distributed are ultimately determined by the
City Council which receives a recommendation from the LTAC. The LTAC is comprised of five
members who are appointed by the City Council, and by State law the Committee membership
must include:
• At least two representatives of businesses that are required to collect the tax,
• At least two people who are involved in activities that are authorized to be funded by the
tax, and
• One elected city official who serves as chairperson of the LTAC.
The LTAC makes its recommendations based upon a combination of written application
materials and a presentation that is made to them by each applicant.
State Rules Governing Use of the Initial 2% Lodging Tax
Washington law allows the City to impose lodging taxes and to use the revenues for the
following purposes:
• Tourism marketing.
• The marketing and operations of special events and festivals.
• The operations and capital expenditures of tourism -related facilities owned or operated
by a municipality or public facility district.
• The operations (but not capital expenditures) of tourism -related facilities owned or
operated by non-profit organizations.
Washington law also establishes application and reporting procedures for cities with a
population of greater than 5,000. Applicants must submit their applications to the Lodging Tax
Page 2 of 5
Advisory Committee (LTAC) including in that application estimates of how money awarded to
them will result in increases in the number of people traveling for business or pleasure on a trip
in the following categories:
• Away from their place of residence or business and staying overnight in paid
accommodations;
• To a place 50 miles or more one way from their place of residence or business for the
day or staying overnight; or
• From another country or state outside their place of residence or their business.
Through 2012, the City Council could, at its option, supersede the recommendation of the LTAC
and award lodging tax funds to applicants in the amount the Council collectively determined was
appropriate based upon their own goals and priorities for promoting conventions, festivals,
special events, and tourist travel, regardless of the LTAC recommendation. However,
legislative amendments in 2013 (which remain in effect today) altered this authority and the
options for City Council action have been viewed as primarily being limited to either (1)
approving some or all of the listed recipients and amounts recommended by the LTAC or (2) not
approving any recipients and having the LTAC revise its recommendation for further City
Council action.
However, under RCW 67.28.1817, a municipality may propose "a change in the use of revenue
received under [RCW 67.28]," but must submit the proposal to the LTAC for review and
comment. Then, the LTAC must be given at least 45 days to review and provide comments
prior to final action by the municipality. This allows the City Council to conduct its own review of
the materials submitted, including the minutes and recommended amounts by the LTAC, to
come up with its own proposed distribution of the revenue for any of the applicants, which may
be the same or different from the LTAC recommendation. If it is different, the City must give the
LTAC 45 days to review and provide comments on the proposed revised distribution before
taking final action. The Council used this process in 2017 for the 2018 awards to ensure
transparency and the public confidence due to questions from the public that arose during the
LTAC review and recommendation process. This process was again used for a change to the
2020 award allocations due to shortfalls in revenue caused by the COVID-19 pandemic's effects
on the economy.
Council Goals and Priorities for Use of the Initial 2% Lodging Tax
In August 2013 Council for the first time adopted goals and priorities that it encouraged the
LTAC to consider when making award recommendations. Based upon subsequent discussions
between Council and Staff in the years of 2014 through 2021, these have evolved as follows:
1. Council desires to direct awards toward funding new and innovative projects, activities,
events or festivals that will distinguish Spokane Valley as a tourism destination and
result in increases to Spokane Valley tourism. As part of this goal, Council will use
lodging taxes for the purposes allowed in State law, which include:
a. Tourism marketing
b. The marketing and operations of special events and festivals
c. The operation and capital expenditures of tourism related facilities owned or
operated by a municipality or public facility district
d. The operation (but not capital expenditures) of tourism related facilities owned or
operated by non-profit organizations.
2. Council will emphasize the utilization of funds for capital expenditures to develop tourism
destination facilities or venues within the City of Spokane Valley as a means of drawing
additional visitors to the City (recognizing that this option is limited to facilities owned by
a municipality or public facility district). Council would like to move in the direction of
allocating a majority of lodging taxes toward this purpose.
Page 3 of 5
3. Council recognizes that lodging nights are an important measure of a successful event
or marketing program and will place higher consideration on events or programs with a
demonstrable history of increasing overnight stays. Council may also take into
consideration to a lesser degree the economic impact of all major components of our
tourism -based economy including shopping, dining and overnight visits.
4. Council will take into consideration revenues derived from lodging sources within
Spokane Valley received by applicants from other municipal entities and agencies such
as the Spokane County Tourism Promotion Authority and Spokane Public Facilities
District.
5. An award to any particular applicant cannot be greater than the dollar amount requested
in that applicant's application.
2022 Timeline Leading to 2023 Awards of the 2.0% Portion Lodging Tax
The calendar we plan to follow in 2022 for 2023 lodging tax awards is as follows:
Tues 7/19/2022 Admin Report - Review Council goals and priorities for use of
lodging tax proceeds.
Tues 8/16/2022 Motion seeking Council approval of goals and priorities for the use of
lodging tax proceeds.
Fri 8/26/2022 City runs notice in newspaper, places on web site, and sends letters to
2022 award recipients and others agencies that may have expressed
interest.
Fri 9/30/2022 Grant proposals are due to City by 4pm (no late submittals will be
accepted).
Fri 10/7/2022 Applications sent to Lodging Tax Advisory Committee for review.
Thurs 10/20/2022 8:30 am Applicant presentations to Committee.
Tues 11/8/2022 Formal Council Meeting
Admin Report: LTAC Recommendations to City Council
Tues 12/13/2022 Formal Council Meeting
City Council Motion Consideration: Award Lodging Tax for 2023
RCW 67.28.1817 requires that the City wait for a period of at least 45 days after the LTAC
meeting before action can be taken by the City Council.
12/13/2022 Council Action
10/20/2022 LTAC meeting
54 days
Change to Applicant Requirements
The City has historically limited applicants for lodging tax awards to non-profit organizations.
There is no limitation in State law that requires recipients of lodging tax awards to be non -profits
for tourism promotion purposes, and the limitation appears to have been a policy decision by the
City. However, allowing only non -profits to apply for tourism promotion awards unnecessarily
limits the type and scope of projects that impact tourism in the City. This being the case, the
2023 application and award process will be opened up to for -profit organizations as well as non-
profit organizations for tourism promotion projects.
Page 4 of 5
OPTIONS: Discussion of Council goals and priorities for lodging taxes to be communicated to
the LTAC and applicants.
RECOMMENDED ACTION OR MOTION: This is a discussion item only but staff is:
1. Seeking consensus from the Council on the goals and priorities the LTAC should consider
when evaluating applications; this is scheduled to come before Council as a motion
consideration at the August 16 Council meeting; and
2. Communicating to Council that the 2023 Budget is again being developed to set aside
$30,000 of lodging tax revenues to enhance CenterPlace advertising expenses resulting in
an increase in that marketing budget from $30,000 to $60,000. The Council is able to make
this decision independent of any input from the LTAC because this represents a historical
use by the City. If the City desired the use of any additional lodging tax proceeds, it would
be required to utilize the same application process noted above that is required of all other
agencies seeking funding.
BUDGET/FINANCIAL IMPACTS: In 2022 the 2% portion of the lodging tax is currently
budgeted at $600,000 and the 1 . 3 % portion at $400,000. Lodging tax collections appear to have
recovered to pre -pandemic levels. We will be watching revenue collections closely as the year
progresses; however, staff expects 2023 budgeted amounts to be at or exceed the 2022
budgeted amounts.
STAFF CONTACT: Chelsie Taylor, Finance Director
ATTACHMENTS:
• Lodging Tax Award History — 2003 through 2022
Page 5 of 5
P:\Finance\2023 Budget\Budget Worksheets\Lodging Tax\Lodging Tax Award History 03-22
CITY OF SPOKANE VALLEY, WA
Lodging Tax Application / Award History
For the years 2003 through 2022
AGENCIES
2003
2004
2005
2006
Application I Award
Application I Award
Application I Award
Application I Award
Armed Forces & Aerospace Museum
3,327
0
2,531
0
0
0
0
0
Burke Marketing
0
0
0
0
0
0
0
0
CenterPlace - marketing
0
0
0
40,000
0
0
0
40,000
CenterPlace - marketing to regional meeting planners
0
0
0
0
0
0
0
0
Chamber of Commerce
0
0
0
0
15,440
0
15,440
5,000
City of Spokane Valley - Directed Marketing
0
0
0
0
0
0
0
0
City of Spokane Valley - Tourism Study
0
0
0
0
0
0
0
0
City of Spokane Valley - Volleyball courts
0
0
0
0
0
0
0
0
Evergreen Regional Volleyball Court Expansion
0
0
0
0
0
0
0
0
Fair & Expo Marketing
58,376
17,500
35,000
25,000
21,000
18,000
0
0
Fairgrounds
0
0
21,000
15,000
0
0
0
0
Family Guide
0
0
0
0
0
0
0
0
Friends of Centennial Trail
23,480
0
2,000
2,000
0
0
9,000
0
Historic Flight Foundation
0
0
0
0
0
0
0
0
HUB Sports Center
0
0
0
0
0
0
0
0
Inland Dance Association
0
0
0
0
0
0
2,535
0
Inland NW Sr. Wellness Conference
12,500
0
0
0
0
0
0
0
JAKT - Brews, Beats, & Eats
0
0
0
0
0
0
0
0
JAKT - Craft Beer Event
0
0
0
0
0
0
0
0
JAKT - Crave NW
0
0
0
0
0
0
0
0
JAKT - Farmers Market
0
0
0
0
0
0
0
0
JAKT - Spokane Valley Events
0
0
0
0
0
0
0
0
JAKT - Oktoberfest
0
0
0
0
0
0
0
0
Latah Creek Wine Cellars
20,000
0
0
0
0
0
0
0
Liberty Lake Rotary Club
0
0
0
0
0
0
0
0
Northwest Winterfest
0
0
0
0
0
0
0
0
Plantes Ferry Park
0
0
71,842
20,000
0
0
23,876
0
Six Bridges Arts Association
0
0
0
0
0
0
0
0
Splash -Down Family Waterpark
230,000
0
0
0
0
0
0
0
Spo Con
0
0
0
0
0
0
0
0
Spokane Arts Commission
15,000
0
0
0
0
0
0
0
Spokane County Fair & Expo Center
0
0
0
0
0
0
0
0
Spokane County Fair & Expo Center - Winter Glow Spe
0
0
0
0
0
0
0
0
Spokane County Parks, Recreation, & Golf
0
0
0
0
0
0
0
0
Spokane Horse Breeders of Inland NW
5,830
0
0
0
0
0
0
0
Spokane Polo Club
30,100
0
0
0
0
0
0
0
Spokane Regional Sports Commission
120,000
52,200
150,000
100,000
100,000
75,000
100,000
84,000
Spokane River Forum
0
0
0
0
0
0
0
0
Spokane Symphony
20,000
0
20,000
0
0
0
0
0
Spokane Valley Heritage Museum
40,000
1,000
0
0
22,100
10,000
49,104
5,000
Spokane Valley Soccer Club
0
0
0
0
0
0
0
0
Spokane Valley Summer Theatre
0
0
0
0
0
0
0
0
Spokane Winery Association
3,285
0
8,250
2,000
0
0
0
0
Sports USA Sports Complex
103,000
0
0
0
0
0
0
0
SV Junior Soccer Association
96,642
24,800
71,842
0
0
0
4,000
4,000
U.S. Figure Skating
0
0
0
0
0
0
0
0
Valleyfest
19,724
2,800
49,700
0
27,200
15,000
25,900
15,000
Valleyfest - Cycle Celebration
0
0
0
0
0
0
0
0
Valleyfest (additional for Spring 07 (for float)
0
0
0
0
0
0
0
0
Visit Spokane (Spokane Visitor Convention Bur au)
200,000
83,700
250,000
150,000
200,000
136,000
200,000
165,000
WebMaker
39,000
0
0
0
0
0
0
0
YMCA
50,000
18,000
12,000
6,000
12,000
6,000
17,000
7,000
YMCA Skateboard Park
0
18,000
0
0
0
0
0
0
Transfer out to Fund #104
0
0
0
0
0
0
0
0
Total
1,090,264
218,000
694,165
360,000
397,740
260,000
446,855
325,000
Page 1 of 5
P:\Finance\2023 Budget\Budget Worksheets\Lodging Tax\Lodging Tax Award History 03-22
CITY OF SPOKANE VALLEY, WA
Lodging Tax Application / Award History
For the years 2003 through 2022
AGENCIES
2007
2008
2009
2010
07 Apply
07 Award Sprg 07 Appll Sprg 07 Awai
Application I Award
Application I Award
Application I Award
Armed Forces & Aerospace Museum
0
0
0
0
0
0
0
0
0
0
Burke Marketing
0
0
147,500
0
0
0
0
0
0
0
CenterPlace - marketing
0
40,000
0
0
90,000
90,000
0
90,000
0
37,500
CenterPlace - marketing to regional meeting planners
0
0
0
0
0
0
0
0
0
0
Chamber of Commerce
50,000
50,000
50,000
50,000
155,000
0
0
0
0
0
City of Spokane Valley - Directed Marketing
0
0
0
0
0
0
0
0
0
0
City of Spokane Valley - Tourism Study
0
0
0
0
0
0
0
0
0
0
City of Spokane Valley - Volleyball courts
0
0
0
0
0
0
0
0
0
0
Evergreen Regional Volleyball Court Expansion
0
0
0
0
0
0
0
0
0
0
Fair & Expo Marketing
20,000
20,000
0
0
30,000
30,000
30,000
18,250
0
0
Fairgrounds
0
0
0
0
0
0
0
0
0
0
Family Guide
0
0
0
0
0
0
0
0
0
0
Friends of Centennial Trail
0
0
0
0
0
0
0
0
0
0
Historic Flight Foundation
0
0
0
0
0
0
0
0
0
0
HUB Sports Center
0
0
0
0
0
0
0
0
0
0
Inland Dance Association
0
0
2,535
0
0
0
0
0
0
0
Inland NW Sr. Wellness Conference
0
0
0
0
0
0
0
0
0
0
JAKT - Brews, Beats, & Eats
0
0
0
0
0
0
0
0
0
0
JAKT - Craft Beer Event
0
0
0
0
0
0
0
0
0
0
JAKT - Crave NW
0
0
0
0
0
0
0
0
0
0
JAKT - Farmers Market
0
0
0
0
0
0
0
0
0
0
JAKT - Spokane Valley Events
0
0
0
0
0
0
0
0
0
0
JAKT - Oktoberfest
0
0
0
0
0
0
0
0
0
0
Latah Creek Wine Cellars
0
0
0
0
0
0
0
0
0
0
Liberty Lake Rotary Club
0
0
0
0
0
0
0
0
0
0
Northwest Winterfest
0
0
0
0
0
0
0
0
0
0
Plantes Ferry Park
30,000
0
0
0
0
0
0
0
0
0
Six Bridges Arts Association
15,000
12,500
0
0
0
0
0
0
0
0
Splash -Down Family Waterpark
0
0
0
0
0
0
0
0
0
0
Spo Con
0
0
0
0
0
0
0
0
0
0
Spokane Arts Commission
0
0
0
0
0
0
0
0
0
0
Spokane County Fair & Expo Center
0
0
0
0
0
0
0
0
0
0
Spokane County Fair & Expo Center - Winter Glow Spe
0
0
0
0
0
0
0
0
0
0
Spokane County Parks, Recreation, & Golf
0
0
0
0
0
0
0
0
0
0
Spokane Horse Breeders of Inland NW
0
0
0
0
0
0
0
0
0
0
Spokane Polo Club
0
0
0
0
0
0
0
0
0
0
Spokane Regional Sports Commission
100,000
100,000
0
0
175,000
145,000
190,000
115,000
150,000
120,000
Spokane River Forum
0
0
0
0
0
0
0
0
0
0
Spokane Symphony
0
0
0
0
0
0
0
0
0
0
Spokane Valley Heritage Museum
27,450
10,000
0
0
0
0
30,260
3,250
11,600
5,000
Spokane Valley Soccer Club
0
0
0
0
0
0
0
0
0
0
Spokane Valley Summer Theatre
0
0
0
0
0
0
0
0
0
0
Spokane Winery Association
0
0
7,500
7,500
8,300
8,300
9,000
0
0
0
Sports USA Sports Complex
0
0
0
0
0
0
0
0
0
0
SV Junior Soccer Association
0
0
17,000
30,300
0
0
0
0
0
0
U.S. Figure Skating
0
0
0
0
0
15,000
0
15,000
0
0
Valleyfest
30,000
25,000
5,000
5,000
40,000
30,000
50,000
27,500
50,000
30,000
Valleyfest - Cycle Celebration
0
0
0
0
0
0
0
0
0
0
Valleyfest (additional for Spring 07 (for float)
0
0
6,000
0
0
0
0
0
0
0
Visit Spokane (Spokane Visitor Convention Bur au)
175,000
175,000
78,000
78,000
325,000
306,000
336,000
236,000
275,000
195,000
WebMaker
0
0
0
0
0
0
0
0
0
0
YMCA
0
0
0
0
0
0
0
0
0
0
YMCA Skateboard Park
0
0
0
0
0
0
0
0
0
0
Transfer out to Fund #104
0
0
0
0
0
0
0
0
0
0
Total
447,450
432,500
313,535
170,800
823,300
624,300
645,260
505,000
486,600
387,500
Page 2 of 5
P:\Finance\2023 Budget\Budget Worksheets\Lodging Tax\Lodging Tax Award History 03-22
CITY OF SPOKANE VALLEY, WA
Lodging Tax Application / Award History
For the years 2003 through 2022
AGENCIES
2011
2012
2013
2014
Application I Award
Rnd 1 App I Rnd 1 Awrd I Rnd 2 App I Rnd 2 Awrd
Application I Award
Application I Award
Armed Forces & Aerospace Museum
0
0
0
0
0
0
0
0
0
0
Burke Marketing
0
0
0
0
0
0
0
0
0
0
CenterPlace - marketing
0
0
0
30,000
0
0
0
30,000
0
30,000
CenterPlace - marketing to regional meeting planners
0
0
0
0
0
0
0
0
0
0
Chamber of Commerce
0
0
0
0
0
0
0
0
0
0
City of Spokane Valley - Directed Marketing
0
0
0
0
0
0
0
55,000
0
0
City of Spokane Valley - Tourism Study
0
0
0
0
0
0
0
0
0
0
City of Spokane Valley - Volleyball courts
0
0
0
0
0
0
0
0
0
0
Evergreen Regional Volleyball Court Expansion
0
0
0
0
0
0
0
0
7,500
7,300
Fair & Expo Marketing
0
0
0
0
0
0
0
0
0
0
Fairgrounds
0
0
0
0
0
0
0
0
0
0
Family Guide
0
0
0
0
0
0
0
0
0
0
Friends of Centennial Trail
0
0
0
0
0
0
0
0
6,600
0
Historic Flight Foundation
0
0
0
0
0
0
0
0
0
0
HUB Sports Center
40,000
40,000
50,000
42,600
0
0
50,000
21,100
40,000
36,000
Inland Dance Association
0
0
0
0
0
0
0
0
0
0
Inland NW Sr. Wellness Conference
0
0
0
0
0
0
0
0
0
0
JAKT - Brews, Beats, & Eats
0
0
0
0
0
0
0
0
0
0
JAKT - Craft Beer Event
0
0
0
0
0
0
0
0
0
0
JAKT - Crave NW
0
0
0
0
0
0
0
0
0
0
JAKT - Farmers Market
0
0
0
0
0
0
0
0
0
0
JAKT - Spokane Valley Events
0
0
0
0
0
0
0
0
0
0
JAKT - Oktoberfest
0
0
0
0
0
0
0
0
0
0
Latah Creek Wine Cellars
0
0
0
0
0
0
0
0
0
0
Liberty Lake Rotary Club
0
0
0
0
5,000
0
0
0
5,000
0
Northwest Winterfest
0
0
0
0
0
0
0
0
0
0
Plantes Ferry Park
0
0
0
0
0
0
0
0
0
0
Six Bridges Arts Association
0
0
0
0
0
0
0
0
0
0
Splash -Down Family Waterpark
0
0
0
0
0
0
0
0
0
0
Spo Con
0
0
70,131
0
0
0
0
0
0
0
Spokane Arts Commission
0
0
0
0
50,000
0
0
0
0
0
Spokane County Fair & Expo Center
0
0
0
0
30,000
25,900
30,000
27,800
50,000
39,800
Spokane County Fair & Expo Center - Winter Glow Spe
0
0
0
0
0
0
0
0
0
0
Spokane County Parks, Recreation, & Golf
0
0
0
0
0
0
0
0
0
0
Spokane Horse Breeders of Inland NW
0
0
0
0
0
0
0
0
0
0
Spokane Polo Club
0
0
0
0
0
0
0
0
0
0
Spokane Regional Sports Commission
165,000
165,000
200,000
185,000
0
0
200,000
150,200
200,000
183,800
Spokane River Forum
0
0
0
0
0
0
0
0
0
0
Spokane Symphony
0
0
0
0
0
0
0
0
0
0
Spokane Valley Heritage Museum
5,000
5,000
5,000
3,900
5,000
1,100
12,000
6,400
20,000
13,100
Spokane Valley Soccer Club
0
0
0
0
25,000
0
0
0
0
0
Spokane Valley Summer Theatre
0
0
0
0
0
0
0
0
0
0
Spokane Winery Association
0
0
0
0
0
0
0
0
0
0
Sports USA Sports Complex
0
0
0
0
0
0
0
0
0
0
SV Junior Soccer Association
0
0
0
0
0
0
0
0
0
0
U.S. Figure Skating
0
0
0
0
0
0
0
0
0
0
Valleyfest
50,000
36,000
50,000
0
50,000
30,000
50,000
35,200
50,000
20,000
Valleyfest - Cycle Celebration
0
0
0
0
0
0
0
0
0
0
Valleyfest (additional for Spring 07 (for float)
0
0
0
0
0
0
0
0
0
0
Visit Spokane (Spokane Visitor Convention Bur au)
250,000
250,000
0
0
275,000
251,720
350,000
184,800
280,000
247,000
WebMaker
0
0
0
0
0
0
0
0
0
0
YMCA
0
0
0
0
0
0
0
0
0
0
YMCA Skateboard Park
0
0
0
0
0
0
0
0
0
0
Transfer out to Fund #104
0
0
0
0
0
0
0
0
0
0
Total
510,000
496,000
375,131
261,500
440,000
308,720
692,000
510,500
659,100
577,000
Page 3 of 5
P:\Finance\2023 Budget\Budget Worksheets\Lodging Tax\Lodging Tax Award History 03-22
CITY OF SPOKANE VALLEY, WA
Lodging Tax Application / Award History
For the years 2003 through 2022
AGENCIES
2015
2016
2017
2018
2019
Application I Award
Application I Award
Application I Award
Application I Award
Application I Award
Armed Forces & Aerospace Museum
0
0
0
0
0
0
0
0
0
0
Burke Marketing
0
0
0
0
0
0
0
0
0
0
CenterPlace - marketing
0
30,000
0
30,000
0
30,000
0
30,000
0
30,000
CenterPlace - marketing to regional meeting planners
30,000
17,000
0
0
0
0
0
0
0
0
Chamber of Commerce
0
0
0
0
0
0
0
0
0
0
City of Spokane Valley - Directed Marketing
0
0
0
0
0
0
0
0
0
0
City of Spokane Valley - Tourism Study
0
0
86,750
80,000
0
0
0
0
0
0
City of Spokane Valley - Volleyball courts
120,000
68,000
160,000
60,650
233,508
0
238,000
0
0
0
Evergreen Regional Volleyball Court Expansion
0
0
0
0
0
0
0
0
0
0
Fair & Expo Marketing
0
0
0
0
0
0
0
0
0
0
Fairgrounds
0
0
0
0
0
0
0
0
0
0
Family Guide
0
0
0
0
35,000
0
0
0
0
0
Friends of Centennial Trail
0
0
0
0
0
0
0
0
0
0
Historic Flight Foundation
0
0
0
0
0
0
0
0
0
0
HUB Sports Center
40,000
40,000
40,000
40,000
40,000
40,000
54,000
48,400
55,100
52,000
Inland Dance Association
0
0
0
0
0
0
0
0
0
0
Inland NW Sr. Wellness Conference
0
0
0
0
0
0
0
0
0
0
JAKT - Brews, Beats, & Eats
0
0
0
0
0
0
0
0
0
0
JAKT - Craft Beer Event
0
0
0
0
0
0
0
0
0
0
JAKT - Crave NW
0
0
0
0
0
0
50,000
30,000
60,000
21,500
JAKT - Farmers Market
0
0
0
0
0
0
0
0
15,000
7,000
JAKT - Spokane Valley Events
0
0
0
0
0
0
0
0
0
0
JAKT - Oktoberfest
0
0
0
0
0
0
20,000
10,000
20,000
5,000
Latah Creek Wine Cellars
0
0
0
0
0
0
0
0
0
0
Liberty Lake Rotary Club
0
0
0
0
0
0
0
0
0
0
Northwest Winterfest
0
0
0
0
0
0
0
0
0
0
Plantes Ferry Park
0
0
0
0
0
0
0
0
0
0
Six Bridges Arts Association
0
0
0
0
0
0
0
0
0
0
Splash -Down Family Waterpark
0
0
0
0
0
0
0
0
0
0
Spo Con
0
0
0
0
0
0
0
0
0
0
Spokane Arts Commission
0
0
0
0
0
0
0
0
0
0
Spokane County Fair & Expo Center
44,000
44,000
100,000
45,000
60,000
47,000
60,000
50,000
60,000
55,000
Spokane County Fair & Expo Center - Winter Glow Spe
0
0
0
0
20,000
2,170
0
0
0
0
Spokane County Parks, Recreation, & Golf
0
0
0
0
0
0
0
0
75,000
35,000
Spokane Horse Breeders of Inland NW
0
0
0
0
0
0
0
0
0
0
Spokane Polo Club
0
0
0
0
0
0
0
0
0
0
Spokane Regional Sports Commission
200,000
120,000
200,000
121,600
200,000
115,600
200,000
80,000
200,000
0
Spokane River Forum
1,000
1,000
0
0
0
0
0
0
0
0
Spokane Symphony
0
0
0
0
0
0
0
0
0
0
Spokane Valley Heritage Museum
28,209
18,400
35,800
17,200
27,500
9,500
25,000
13,000
28,500
5,500
Spokane Valley Soccer Club
0
0
0
0
0
0
0
0
0
0
Spokane Valley Summer Theatre
0
0
0
0
0
0
0
0
0
0
Spokane Winery Association
0
0
0
0
0
0
0
0
0
0
Sports USA Sports Complex
0
0
0
0
0
0
0
0
0
0
SV Junior Soccer Association
0
0
0
0
0
0
0
0
0
0
U.S. Figure Skating
0
0
0
0
0
0
0
0
0
0
Valleyfest
64,000
31,600
60,000
28,900
150,000
31,600
150,000
18,600
150,000
12,000
Valleyfest - Cycle Celebration
0
0
10,000
3,000
25,000
5,000
25,000
2,000
25,000
1,000
Valleyfest (additional for Spring 07 (for float)
0
0
0
0
0
0
0
0
0
0
Visit Spokane (Spokane Visitor Convention Bur au)
328,430
230,000
253,777
163,650
282,830
103,130
282,830
70,000
200,000
48,000
WebMaker
0
0
0
0
0
0
0
0
0
0
YMCA
0
0
0
0
0
0
0
0
0
0
YMCA Skateboard Park
0
0
0
0
0
0
0
0
0
0
Transfer out to Fund #104
0
0
0
0
0
250,000
0
250,000
0
275,000
Total
855,639
600,000
946,327
590,000
1,073,838
634,000
1,104,830
602,000
888,600
547,000
Page 4 of 5
P:\Finance\2023 Budget\Budget Worksheets\Lodging Tax\Lodging Tax Award History 03-22
CITY OF SPOKANE VALLEY, WA
Lodging Tax Application / Award History
For the years 2003 through 2022
3/22/2022
AGENCIES
2020
2021
2022
Totall
Application I Award
Application I Award
Application I Award
Application
Award
Armed Forces & Aerospace Museum
0
0
0
0
0
0
5,858
0
Burke Marketing
0
0
0
0
0
0
147,500
0
CenterPlace - marketing
0
30,000
0
30,000
0
0
90,000
637,500
CenterPlace - marketing to regional meeting planners
0
0
0
0
0
0
30,000
17,000
Chamber of Commerce
0
0
0
0
0
0
285,880
105,000
City of Spokane Valley - Directed Marketing
0
0
0
0
0
0
0
55,000
City of Spokane Valley - Tourism Study
0
0
0
0
0
0
86,750
80,000
City of Spokane Valley - Volleyball courts
0
0
0
0
0
0
751,508
128,650
Evergreen Regional Volleyball Court Expansion
0
0
0
0
0
0
7,500
7,300
Fair & Expo Marketing
0
0
0
0
0
0
194,376
128,750
Fairgrounds
0
0
0
0
0
0
21,000
15,000
Family Guide
0
0
0
0
0
0
35,000
0
Friends of Centennial Trail
0
0
0
0
0
0
41,080
2,000
Historic Flight Foundation
0
0
15,000
15,000
0
0
15,000
15,000
HUB Sports Center
55,100
55,020
45,000
45,000
55,000
55,000
564,200
515,120
Inland Dance Association
0
0
0
0
0
0
5,070
0
Inland NW Sr. Wellness Conference
0
0
0
0
0
0
12,500
0
JAKT - Brews, Beats, & Eats
0
0
20,000
2,600
15,000
6,500
35,000
9,100
JAKT - Craft Beer Event
0
0
0
0
15,000
6,000
15,000
6,000
JAKT - Crave NW
38,000
18,600
25,000
15,200
50,000
30,000
223,000
115,300
JAKT - Farmers Market
18,000
8,000
20,000
7,200
25,000
17,000
78,000
39,200
JAKT - Spokane Valley Events
0
0
0
0
400,000
0
400,000
0
JAKT - Oktoberfest
20,000
8,400
0
0
0
0
60,000
23,400
Latah Creek Wine Cellars
0
0
0
0
0
0
20,000
0
Liberty Lake Rotary Club
0
0
0
0
0
0
10,000
0
Northwest Winterfest
50,000
48,000
50,000
49,000
45,000
45,000
145,000
142,000
Plantes Ferry Park
0
0
0
0
0
0
125,718
20,000
Six Bridges Arts Association
0
0
0
0
0
0
15,000
12,500
Splash -Down Family Waterpark
0
0
0
0
0
0
230,000
0
Spo Con
0
0
0
0
0
0
70,131
0
Spokane Arts Commission
0
0
0
0
0
0
65,000
0
Spokane County Fair & Expo Center
75,000
66,000
50,000
49,000
75,000
64,000
634,000
513,500
Spokane County Fair & Expo Center - Winter Glow Spe
0
0
0
0
0
0
20,000
2,170
Spokane County Parks, Recreation, & Golf
0
0
0
0
0
0
75,000
35,000
Spokane Horse Breeders of Inland NW
0
0
0
0
0
0
5,830
0
Spokane Polo Club
0
0
0
0
0
0
30,100
0
Spokane Regiena4 Sports Commission
50,000
45,000
55,000
0
0
0
2,955,000
1,957,400
Spokane River Forum
0
0
0
0
0
0
1,000
1,000
Spokane Symphony
0
0
0
0
0
0
40,000
0
Spokane Valley Heritage Museum
0
0
0
0
40,000
27,000
412,523
154,350
Spokane Valley Soccer Club
0
0
0
0
0
0
25,000
0
Spokane Valley Summer Theatre
0
0
0
0
20,000
20,000
# 20,000
20,000
Spokane Winery Association
0
0
0
0
0
0
36,335
17,800
Sports USA Sports Complex
0
0
0
0
0
0
103,000
0
SV Junior Soccer Association
0
0
0
0
0
0
189,484
59,100
U.S. Figure Skating
0
0
0
0
0
0
0
30,000
Valleyfest
150,000
18,600
18,000
12,600
30,000
24,000
1,319,524
449,400
Valleyfest - Cycle Celebration
25,000
1,380
5,000
1,800
5,000
3,500
120,000
17,680
Valleyfest (additional for Spring 07 (for float)
0
0
0
0
0
0
6,000
0
Visit Spokane (Spokane Visitor Convention Bur au)
50,000
50,000
0
0
0
0
4,591,867
3,123,000
WebMaker
0
0
0
0
0
0
39,000
0
YMCA
0
0
0
0
0
0
91,000
37,000
YMCA Skateboard Park
0
0
0
0
0
0
0
18,000
Transfer out to Fund #104
0
450,000
0
480,840
0
273,000
0
1,978,840
Total
531,100
799,000
303,000
708,240
775,000
571,000
14,499,734
10,488,060
Page 5 of 5
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 19, 2022 Department Director Approval: El
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Administrative report - Ordinance 22-010 relating specifically to
restrictions on camping on private property.
GOVERNING LEGISLATION: Chapters 7.05, 19.60, 19.65, and 19.160 SVMC
PREVIOUS COUNCIL ACTION TAKEN:
2003 - 2018: Adoption of chapter and amendments to 7.05 SVMC relating to nuisances.
2019: SVMC 7.05.045 was added as a new section to address chronic criminal nuisance properties.
June 1, 2021: code enforcement program overview.
June 29, 2021: administrative report on code enforcement amendments - policy discussion on Council
preferences.
October 5, 2021: administrative report on code enforcement program follow-up — Topic # 1 Parking.
October 12, 2021: administrative report on code enforcement program follow-up — Topic #2 Camping.
May 3, 2022: administrative report on parking and related nuisances on private property.
June 14, 2022: first reading of Ordinance 22-010.
June 28, 2022: second ordinance reading of Ordinance 22-010 resulted in Council requesting additional
discussion and opportunity for public feedback.
BACKGROUND: At the June 28, 2022 meeting, which was originally scheduled as an ordinance second
reading, Council requested additional discussion relating to proposed new SVMC 7.05.040(N), which
would restrict camping on private property. Council received several public comments expressing
concern for the proposed camping restrictions, and requested some additional time to consider the
proposal, and allow the public additional time to comment.
Based on previous discussions, Council indicated that camping in an RV on private property should be
allowed for up to 30 days under a temporary use permit (TUP) issued by the City pursuant to existing
SVMC 19.65.130(J). Any such RV camping not under a TUP would be prohibited and subject to code
enforcement by the City. Adopting this will allow the City to finally police the existing restrictions
regarding camping in a RV, because we will know when the use starts and when it is required to end.
The next issue relates to camping on private property in a tent, teepee, or other similar membrane
structure. The prior proposal was to prohibit this activity on private property except that there would be
allowed up to four periods of up to 48 hours each (for example a weekend) in a calendar year. The
revised proposal before you for the first time this evening would be to remove the four periods of up to
48 hours each, and replace it with a blanket exemption for intermittent short term tent camping by minors
where the property is owned or occupied by the minor's parent or legal guardian. This would allow for
occasional backyard campouts by kids, balancing the interests of those who own or use a property with
the interests of their neighbors.
These proposed changes are intended to meet the twin Council goals of resolving long-term problems for
the City, and of being enforceable in a way that meets Council policy directives for protecting the life,
health, and safety of our residents and businesses. Staff believes these will be effective tools and request
that Council adopt the proposed changes as drafted.
There is an additional Code change staff believes is necessary to make the other proposed changes work.
SVMC 19.160.040 regulates issuance of temporary use permits. The existing provisions do not address
temporary uses relating to use of an RV at a residence for visiting the occupant, such as a relative parking
an RV in the driveway for several weeks. Staff is proposing a new subsection SVMC 19.160.040(D) for
a TUP of up to 30 days for such activity, and includes several conditions for issuance, such as the use
being entirely on the private property, the use can't materially interfere with surrounding properties, and
that the City can require sanitary facilities if the conditions warrant it.
Lastly, a Councilmember asked if there is a fee associated with TUPs if applied to RV use. Staff checked
on this, and the fee for a typical TUP is $520. Staff is proposing that instead of that amount, a charge of
one hour for issuance of the permit would be appropriate, which is the Building Official's estimate of the
time required for this type of permit. The cost under that scenario would be $63 under the current Fee
Schedule, which would go up over time with all other permits based on the current cost of living. Staff
recommend requiring a TUP for RV use during emergency situations (such as a pandemic), but not
require a fee under those limited circumstances. Staff is looking for consensus from Council on this
issue.
OPTIONS: (1) Put proposed Ordinance No. 22-010 as drafted on a future agenda for a second reading; or
(2) take other action as appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place Ordinance 22-010 as currently
drafted adopting amendments related to junk vehicle, vehicle parking/storage, and camping nuisances on
a future agenda for a second reading.
BUDGET/FINANCIAL IMPACTS: Not applicable.
STAFF CONTACT: Erik Lamb, Deputy City Manager; Bill Helbig, Community & Public
Works Director; Jenny Nickerson, Building Official; Cary Driskell, City Attorney.
ATTACHMENTS: (1) PowerPoint; (2) Draft Ordinance 22-010
Examples of camping that would
be prohibited on private property
Erik Lamb, Deputy City Manager;
Bill Helbig, Community and Public Works Director;
Cary Driskell, City Attorney
July 19, 2022
City of Spokane Valley - Office of the City Attorney i
RV camping — 12402 East Valleyway
City of Spokane Valley - Office of the City Attorney
2
RV camping — 12402 East Valleyway
City of Spokane Valley - Office of the City Attorney
3
RV camping — 5008 East 2nd Avenue
City of Spokane Valley - Office of the City Attorney
4
RV camping — 4216 North Best Road
City of Spokane Valley - Office of the City Attorney
5
RV camping — 4216 North Best Road
City of Spokane Valley - Office of the City Attorney
6
RV camping — 4216 North Best Road
City of Spokane Valley - Office of the City Attorney
7
RV camping — 2418 South Calvin Lane
Apr 1, '20'22 at "I0:16:[? t 1
City of Spokane Valley - Office of the City Attorney
8
RV camping — 2418 South Calvin Lane
1Gi nD, D21 ti 1D:57:33Av1
City of Spokane Valley - Office of the City Attorney
9
RV camping — 2418 South Calvin Lane
City of Spokane Valley - Office of the City Attorney
10
RV camping — 912 North Burns Road
City of Spokane Valley - Office of the City Attorney
n
RV camping — 912 North Burns Road
City of Spokane Valley - Office of the City Attorney
12
RV and tent camping — 5003 East 2nd Avenue
City of Spokane Valley - Office of the City Attorney
RV camping 11002 East Boone Avenue
City of Spokane Valley - Office of the City Attorney
14
RV camping 605 North Marguerite Road
City of Spokane Valley - Office of the City Attorney
15
RV camping 605 North Marguerite Road
City of Spokane Valley - Office of the City Attorney
Tent camping— DNR 100-acre wood
City of Spokane Valley - Office of the City Attorney
17
RV and tent camping — 4908 East First Ave.
City of Spokane Valley - Office of the City Attorney
18
RV and tent camping — 4908 East First Ave.
City of Spokane Valley - Office of the City Attorney
19
Camp Hope
City of Spokane Valley - Office of the City Attorney
20
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 22-010
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING CHAPTER 7.05 OF THE SPOKANE VALLEY MUNICIPAL
CODE RELATING TO NUISANCES AND OTHER UPDATES, AMENDING CHAPTER 19.65 OF
THE SPOKANE VALLEY MUNICIPAL CODE REGARDING RECREATIONAL VEHICLE
USE, AMENDING CHAPTER 19.160 OF THE SPOKANE VALLEY MUNICIPAL CODE, AND
OTHER MATTERS RELATING THERETO.
WHEREAS, pursuant to RCW 35A.11.020 and RCW 35.22.280(30), the City of Spokane Valley
(City) is authorized to "declare what shall be a nuisance, and to abate the same, and to impose fines upon
parties who may create, continue, or suffer nuisances to exist"; and
WHEREAS, the City previously adopted chapter 7.05 of the Spokane Valley Municipal Code
(SVMC) in order to maintain a safe and healthy environment by regulating nuisance conditions that
contribute to injury, illness, devaluation of property, and the incidence of crime; and
WHEREAS, pursuant to chapter 7.48 RCW, the City is authorized to obtain an order for a warrant
of abatement of public nuisances that may exist within the City; and
WHEREAS, the City Council has identified certain other conditions, including but not limited to
storage of unlicensed and junk vehicles on private property, camping on private property, improper vehicle
parking and storage on private property, and recreational vehicle use on private property, which contribute
to injury, illness, devaluation of property, and the incidence of crime and it desires to regulate such
conditions as nuisances; and
WHEREAS, the City Council desires to amend the applicable nuisance provisions in the SVMC to
provide necessary updates for the public health, safety, and welfare.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The City Council hereby finds it appropriate to amend the Spokane Valley Municipal
Code provisions related to nuisances and to update other appropriate Code provisions related to nuisances
and nuisance abatement procedures.
Section 2. Amendment. The following sections of chapter 7.05 SVMC are hereby amended as follows.
Any section of chapter 7.05 SVMC not identified herein shall remain unchanged.
7.05.010 Purpose and intent.
The purpose and intent of Chapter 7.05 SVMC is to create and maintain a safe and healthy environment
for the citizens of the City by identifying and eliminating the conditions that contribute to injury, illness,
devaluation of property, and the incidence of crime through the existence of nuisance conditions on public
and private property.
7.05.020 Definitions.
In addition to any definitions contained in Appendix A, the following words shall, for the purposes of
Chapters 7.05 and 17.100 SVMC, be defined as:
Ordinance 22-010 Regarding Nuisances Page 1 of 11
DRAFT
"Days" are counted as business days when five or fewer days are allowed to perform an act required by
Chapter 7.05 SVMC. "Days" are considered calendar days when more than five days are allowed to
perform an act required by Chapter 7.05 SVMC. "Days" are counted by excluding the first day, and
including the last day, unless the last day is a holiday, Saturday, or Sunday, pursuant to RCW 1.12.040, as
now adopted or hereafter amended.
"Determination of compliance" means a written determination by the city manager or designee that the
violation(s) stated in the warning, voluntary compliance agreement, notice and order, stop work order, or
other applicable order have been sufficiently abated so as to comply with the SVMC.
"Graffiti" means an unauthorized marking, symbol, inscription, word, figure, design, or other inscribed
material that has been placed upon any property through the use of paint, ink, dye, or any other substance
capable of marking property.
"Impound" means to take and hold a vehicle in legal custody pursuant to law.
"Inoperable" means incapable of being operated legally on a public highway, including, but not limited
to, not having a valid, current registration plate or a current certificate of registration.
"Junk vehicle" means a vehicle meeting at least three of the following criteria:
1. Is three years old or older;
2. Is extensively damaged, such damage including but not limited to any of the following: a broken
window or windshield, or missing wheels, tires, motor, or transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it.
"Nuisance" means a person's unreasonable or unlawful use of real or personal property, or unreasonable,
indecent, or unlawful personal conduct or omission of conduct which materially interferes with, obstructs,
or jeopardizes the health, safety, prosperity, quiet enjoyment of property, or welfare of others, offends
common decency or public morality, or obstructs or interferes with the free use of public ways, places, or
bodies of water.
"Ongoing criminal activity related to the premises" means that (1) criminal activity is or has been
occurring at the premises; or (2) criminal activity is or has been occurring near the premises and such
activity has a reasonable and proximate connection to the premises, whether by owners, occupants, or
persons visiting such owners or occupants. Examples of conduct or actions that constitute criminal
activity occurring at or near the premises of the subject property include, but are not limited to, the
following:
1. Service of a search warrant by law enforcement personnel; or
2. Arrest of one or more individuals by law enforcement personnel during any 24-hour period; or
3. Commission of a misdemeanor, gross misdemeanor, or felony at or near the premises and where
there is a reasonable and proximate connection between the crime or criminal and the premises,
including those visiting the owner or occupants of the premises; or
4. Visits by law enforcement personnel which occur based upon a reasonable belief by law
enforcement that a crime is occurring or has occurred, but which do not result in any of the actions
Ordinance 22-010 Regarding Nuisances Page 2 of 11
DRAFT
identified in subsections (1) through (3) of this definition; provided, that visits alone may not form
the sole basis for determining a premises to be a chronic nuisance premises.
For purposes of this definition, service of warrants, arrests, or commission of misdemeanor or felony
domestic violence shall not be considered criminal activity.
"Person" means any public or private individual, sole proprietorship, association, partnership,
corporation, or legal entity, whether for -profit or not -for -profit, and the agents and assigns thereof.
"Person(s) responsible for a junk vehicle nuisance violation" means any one or more of the following:
1. The land owncrlandowner where the junk vehicle is located as shown on the last equalized
assessment roll; or
2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the
vehicle has complied with state law; or
3. The legal owner of the vehicle.
"Person(s) responsible for a nuisance violation" means the person or persons who caused the violation, if
that can be determined, and/or the owner, lessor, tenant, or other person(s) entitled to control, use, and/or
occupancy of the property and the abutting public rights -of -way.
"Unlicensed vehicle" means a vehicle that is not displaying a valid license plate and/or current
registration tabs, or which has a license plate but registration that has an expired registration of more than
45 days.
"Vehicle," for the purposes of SVMC 7.05.040(N}, includes every device capable of being moved upon a
public highway and in, upon, or by which any persons or property is or may be transported or drawn upon
a public highway, including bicycles. The term does not include devices other than bicycles moved by
human or animal power or used exclusively upon stationary rails or tracks, pursuant to RCW 46.04.670.
"Vessel" for purposes of SVMC 7.05.040 shall have the same meaning as set forth in RCW 79A.60.010.
7.05.030 Compliance, authority and administration.
In order to discourage public nuisances and otherwise promote compliance with Chapter 7.05 SVMC, the
city manager or designee may, in response to field observations, determine that violations of Chapter 7.05
SVMC have occurred or are occurring, and may utilize any of the compliance provisions set forth in
Chapter 17.100 SVMC.
7.05.040 Nuisances prohibited.
No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public
nuisance within the City including on the property of any person, firm, or entity or upon any public
rights -of -way abutting a person, firm, or entity's property. Prohibited public nuisances include, but are not
limited to:
A. Vegetation.
1. Any vegetation, or parts thereof, which hang lower than eight feet above any public walkway or
sidewalk; or hang lower than 14 feet above any public street; or which are growing in such a manner
as to obstruct or impair the free and full use of any public walkway, sidewalk, or street; or violate
City clearview triangle regulations. The City shall be responsible for maintaining all vegetation
placed by the City adjacent to a public walkway, sidewalk, or street.
Ordinance 22-010 Regarding Nuisances Page 3 of 11
DRAFT
2. Any growth of noxious weeds or toxic vegetation shall be subject to Chapter 16-750 WAC as
currently adopted and hereafter amended.
B. Buildings, Structures, Fences. Buildings or portions thereof which are deemed dangerous or unfit
pursuant to the SVMC (including all building and property maintenance codes and regulations as
currently adopted and hereafter amended).
C. Sidewalks.
1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or
sidewalk.
2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway
or sidewalk.
3. Accumulations of dirt or debris not removed from a public sidewalk.
D. Accumulations of Materials, Garbage, Recyclables, Furniture, Machinery.
1. Building and Construction Materials. Any accumulation, stack, or pile of building or construction
materials, including but not limited to metal, wood, wire, electrical, or plumbing materials, not
associated with a current, in -progress project and not in a lawful storage structure or container. This
provision does not apply to a designated contractor's yard.
2. Garbage, Recyclables, Compost, and Infestations.
a. Garbage or recyclables not properly stored in a receptacle with a tight -fitting lid.
b. Any accumulation of broken or neglected items, litter, salvage materials, or junk not in an
approved enclosed structure.
c. Creating or maintaining any accumulation of matter, including but not limited to foodstuffs or
dead vegetation (excluding properly maintained residential compost piles).
3. Furniture, Appliances, Furnishings, and Equipment.
a. Any broken or discarded household furniture, furnishings, equipment, or appliance not in an
approved enclosed structure.
b. Any enclosure which may entrap a human or an animal, including accessible refrigeration
appliances that have not had the doors secured or removed.
4. Machinery and Equipment. Any broken or inoperable accumulation of, or part of, machinery or
equipment not in an approved enclosed structure. SVMC 7.05.040(D)(4) shall include such
machinery and equipment as boats, jet -skis, snowmobiles, aircraft, golf carts, and the like, but shall
not include junk vehicles, which are regulated pursuant to SVMC 7.05.040(IsFP).
E. Fire Hazards. Any stack or accumulation of newspapers, dead vegetation (excluding properly
maintained compost piles), overgrown vegetation, cardboard, or any other paper, cloth, or wood products
left in a manner that poses a substantial risk of combustion or the spread of fire, as determined by the fire
marshal.
F. Toxic or Caustic Substances. Improper storage or keeping of any toxic, flammable, or caustic
substances or materials.
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G. Smoke, Soot, or Odors. Allowing the escape or emission of any harmful smoke, soot, fumes, gases, or
odors which are offensive or harmful to a reasonable person.
H. Bodies of Water.
1. All stagnant, pooled water in which mosquitoes, flies, or other insects may multiply, excluding any
City -approved structure related to storm drainage systems.
2. The polluting of any waterway, well, or body of water which is not subject to the jurisdiction of
another federal, state, county, special purpose district or city agency.
I. Holes. Any excavated or naturally occurring uncovered holes which are not marked, guarded, or
otherwise secured, and which constitute a concealed danger.
J. Attractive Nuisances. Any accessible nuisance which is attractive to children including, but not limited
to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended
vehicle trunks, or other unguarded conditions or situations that could injure or trap a child.
K. Noise.
1. Any noise or sound that, originating within a residential zone, intrudes into the property of another
person that exceeds the maximum permissible noise levels pursuant to Chapter 173-60 WAC, as
currently adopted and hereafter amended. Such noise or sound may include, but is not limited to,
noise or sound created by use of a radio, television set, musical instrument, sound amplifier, or other
device capable of producing or reproducing noise or sound; or in connection with the starting,
operation, repair, rebuilding, or testing of any vehicle, off -highway machinery or equipment, or
internal combustion engine.
2. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1):
a. Normal use of public rights -of -way;
b. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC;
c. Sounds originating from aircraft in flight and sounds that originate at airports which are
directly related to flight operations;
d. Sounds created by surface carriers engaged in commerce or passenger travel by railroad;
e. Sounds created by warning devices not operating continuously for more than five minutes, or
bells, chimes, or carillons;
f. Sounds created by safety and protective devices where noise suppression would defeat the
intent of the device or is not economically feasible;
g. Sounds created by emergency equipment and work necessary in the interest of law
enforcement or for health, safety or welfare of the community;
h. Sounds originating from officially sanctioned parades and other public events;
i. Sounds created by watercraft, except to the extent that they are regulated by other City or state
regulations;
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j. Sounds created by motor vehicles licensed or unlicensed when operated off public highways,
except when such sounds are made in or adjacent to residential property where human beings
reside or sleep;
k. Sounds originating from existing natural gas transmission and distribution facilities;
1. Sounds created in conjunction with public work projects or public work maintenance
operations executed at the cost of the federal government, state or municipality;
m. Sounds created in conjunction with the collection of solid waste;
n. Sounds created in conjunction with military operations or training;
o. Sounds originating from organized activities occurring in public parks, playgrounds,
gymnasiums, swimming pools, schools, and other public facilities and public recreational
facilities during hours of operation;
p. Sounds originating from agricultural activities.
3. The following shall be exempt from provisions of SVMC 7.05.040(K)(1) between the hours of
7:00 a.m. and 10:00 p.m.:
a. Sounds originating from residential property relating to temporary projects for the repair or
maintenance of homes, grounds, and appurtenances;
b. Sounds created by the discharge of firearms on authorized shooting ranges;
c. Sounds created by blasting;
d. Sounds created by aircraft engine testing and maintenance not related to flight operations;
provided, that aircraft testing and maintenance shall be conducted at remote sites whenever
possible;
e. Sounds created by the installation or repair of essential utility services.
4. The following shall be exempt from the provisions of SVMC 7.05.040(K)(1) between the hours of
7:00 a.m. and 10:00 p.m., or when conducted beyond 1,000 feet of any residence where human
beings reside and sleep at any hour:
a. Sounds originating from temporary construction sites as a result of construction activity;
b. Sounds originating from the quarrying, blasting and mining of minerals or materials,
including, but not limited to, sand, gravel, rock and clay, as well as the primary reduction and
processing of minerals or materials for concrete batching, asphalt mixing and rock crushers;
c. Sounds originating from uses on properties which have been specifically conditioned to meet
certain noise standards by an appropriate City hearing body.
L. Dust. Any disturbance of any land area, or permitting the same, without taking affirmative measures to
suppress and minimize the blowing and scattering of dust, which unreasonably interferes with the peace,
comfort, or repose of a reasonable person. This provision does not include permitted agricultural
activities.
M. Yard Sales. The holding or permitting of either:
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1. A yard sale on the same lot for (a) more than seven consecutive days; (b) more than two
consecutive weekends; or
2. More than three separate yard sale events in one calendar year.
The prohibition under this Section SVMC 7.05.040(M) shall only apply to dwellings, including but not
limited to single family, multifamily, and duplex dwellings.
N. Camping on Private Property. Camping on private property, including the use of tents and similar
membrane structures, sheds and similar rigid structures, trailers, vehicles, and recreational vehicles, and
similar items for the purposes of sleeping, eating, cooking, sanitation, or other activities consistent with
dwelling on private property. When determining whether an RV or trailer is being used for camping, the
City may consider use of a power cord, use of a water or sewer hose, use of any awnings, use of
retractable stairs, whether any sliders or other extensions are out, or other similar facts typically present
when such vehicles are used for their intended purpose. SVMC 7.05.040(N) does not apply to:
1. Legally established campgrounds and RV parks.
2. Temporary use of recreational vehicle with a valid City of Spokane Valley Temporary Use Permit
pursuant to SVMC 19.65.130 and SVMC 19.160.040.
3. Periodic short-term use of a tent for recreational camping purposes by minor children when a
parent or legal guardian is the primary resident of a legally established habitable dwelling on the
parcel.
O. Improper Vehicle/Vessel Parking and Storage. This section shall not apply to legally established
parking lots, outdoor storage areas, self -storage facilities, and similar permitted uses pursuant to chapters
19.60 and 22.50 SVMC, nor where a Temporary Use Permit has been issued pursuant to chapter 19.160
SVMC. This section does not apply to junk vehicles or unlicensed vehicles, which are subject to SVMC
7.05.040(P).
1. Vehicle/vessel storage and parking areas are permitted on a parcel in a single-family residential
zone as an accessory use to a legally established dwelling.
2. Except as provided in subsections 7.05.040(0)(3-4), parking or storing more than five total
operable vehicles on a parcel with a single-family dwelling is prohibited. A property owner or a
tenant may park or store more than five operable vehicles when they provide sufficient proof of more
than five licensed drivers currently residing at the property.
3. Parking or storage of more than one recreational vehicle on a single-family residentially zoned
property is prohibited, which is not included in the maximum of five allowable operable vehicles
pursuant to SVMC 7.05.040(N)(2).
4. Parking or storage of more than one vessel on a licensed trailer on a single-family residentially
zoned property is prohibited, which is not included in the maximum of five allowable operable
vehicles pursuant to SVMC 7.05.040(N)(2).
PN. Junk Vehicles and Unlicensed Vehicles. All junk vehicles and unlicensed vehicles, or parts thereof,
placed, stored, or permitted to be located on private property within the City limits. SVMC 7.05.040(PN)
does not apply to:
1. Any vehicle or part thereof that is completely enclosed within a lawful structure so that it is not
visible from the street or other public or private property;
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2. Any vehicle or part thereof that is stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler or licensed vehicle dealer, and the private
property is fenced pursuant to RCW 46.80.130;
3. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced
by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts"
vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being
excepted from compliance in this section. Good faith efforts of repair may include producing
invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of
the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of
being repaired and has been worked on within 30 days prior to issuance of the notice of violation.
This exception allows up to 60 days for good faith repair. Upon good cause shown, the city manager
or designee shall have the discretion to grant one additional 60 day exception period pursuant to
SVMC 7.05.040(N). Under no circumstance shall any good faith efforts of repair extend for more -
than 120 days, after which time this exception shall no longer apply. This exception shall apply to
one vehicle and one parts vehicle per parcel of land per calendar year;
43. There shall be allowed as exceptions to SVMC 7.05.040(NE) up to twoone total junk vehicle or
unlicensed vehicles in R-1, R-2, and R 3, and R-4 zones, so long as they aroit is completely sight -
screened by maintained landscaping, a maintained landscaped berm, or fencing, as allowed pursuant
to any currently adopted SVMC landscaping, berm, or fencing requirements pursuant to chapter
22.70 SVMC.
QQ. Graffiti. Any graffiti on public or private property.
i R. Development Code Violations. Any violation pursuant to SVMC Titles 19, 20, 21, 22, 23, 24, and/or
25.
Section 3. Amending SVMC 19.65.130. SVMC 19.65.130, Supplemental Use Regulations, is hereby
amended as follows:
19.65.130 Residential.
A. Accessory Structures.
1. The combined building footprint of all accessory permanent structures in residential zoning
districts shall be:
a. Up to 1,000 square feet for parcels up to 10,000 square feet in size; or
b. Up to 10 percent of the lot size for parcels greater than 10,000 square feet in size.
2. Cargo shipping containers and similar enclosures are not a permitted accessory structure in any
residential zoning district.
B. Dwelling, Accessory Units. Accessory dwelling units shall comply with the provisions of Chapter
19.40 SVMC, Alternative Residential Development Options.
C. Dwelling, Caretaker's Residence. A caretaker's residence is limited to custodial, maintenance,
management, or security of a commercial property and is only allowed accessory to another permitted use
on site.
D. Dwelling, Cottages. Cottages shall comply with the provisions of Chapter 19.40 SVMC, Alternative
Residential Development Options.
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E. Dwelling, Duplex. Duplex dwelling units shall comply with the provisions of Chapter 19.40 SVMC,
Alternative Residential Development Options.
F. Dwelling, Industrial Accessory Dwelling Units. Industrial accessory dwelling units shall comply with
the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options.
G. Dwelling, Townhouse. Townhouse dwelling units shall comply with the provisions of Chapter 19.40
SVMC, Alternative Residential Development Options.
H. Manufactured Homes on Individual Lots. Manufactured homes on individual lots shall comply with
the provisions of Chapter 19.40 SVMC, Alternative Residential Development Options.
I. Manufactured Home Park. Manufactured home parks shall comply with the provisions of Chapter 19.40
SVMC, Alternative Residential Development Options.
J. Recreational Vehicles.
1. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential
zone, except as permitted pursuant to Chapter 19.40 SVMC;
2. A recreational vehicle shall not be parked within a required front yard setback for more than 15
consecutive days and not more than 30 days cumulative in any 12 consecutive months; and
3. Upon issuance of a Temporary Use Permit pursuant to chapter 19.160 SVMC, gQuests may park
and/or occupy a recreational vehicle on private property while visiting the occupants of a dwelling
unit located on the same lot for not more than 30 days in one consecutive 12-month period.
4. Upon issuance of a Temporary Use Permit pursuant to SVMC 19.160.040, applicants may utilize a
recreational vehicle as temporary living quarters over the duration of construction activities related to
a residence or otherwise legally permitted use of right, provided the applicant has an active building
permit on file with the City of Spokane Valley.
5. The City Manager or designee may temporarily allow the use of a recreational vehicle as a
temporary dwelling unit on private property for quarantine or similar purposes during emergency
events.
Section 4. Amending SVMC 19.160.040. SVMC 19.160.040, Decision Criteria, relating to temporary use
permits is hereby amended as follows:
A. Interim Uses. The department may issue a TUP to allow an owner, developer, contractor, tenant,
lessee, or other occupant to conduct an otherwise permitted use on their property at the same time they are
improving the property to the required City standards pursuant to the following conditions:
1. The TUP may be issued for a period up to six months and may be extended for an additional
three months if the applicant has acted in good faith towards compliance of the original permit.
2. The depaitinent may issue the permit only if the proposed use is consistent with the following
findings of fact:
a. The request is reasonable and there is no other practical alternative;
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b. Adverse impacts associated with the temporary use are appropriately mitigated and such
temporary use will not cause a hazard to the occupants or to neighboring properties;
c. A hardship is involved that cannot otherwise be reasonably resolved; and
d. A performance surety in the amount of any required improvements shall be posted
guaranteeing the completion of the project.
B. Seasonal Uses and Short -Term Recreational and Economic Development Uses. The department may
issue a TUP to allow sales of seasonal goods in any nonresidential zone for a period not to exceed six
months in any 12-month period. The use may not meet the standards normally associated with a
permanent use if the department finds that the temporary use is consistent with the following:
1. The use shall be consistent with the permitted uses in the zone;
2. The use shall be an appropriate use of the property pending the permanent long-term use;
3. The use shall not result in significant traffic, parking, drainage, fire protection, or other adverse
impacts that cannot be appropriately mitigated;
4. The use shall provide a sanitary facility if the department determines it is necessary to do so; and
5. Failure to comply with the conditions of the permit shall result in suspension or revocation of the
TUP.
C. Temporary Uses Associated with Construction Permits. The department may issue a TUP for activities
associated with construction projects including, but not limited to, equipment storage yards, job shacks,
materials storage yards, or living quarters which are not otherwise permitted outright by City ordinances
or regulations. The depaitinent may issue a TUP if it finds the proposal is consistent with the following:
1. The use shall not pose a hazard or be a detriment to the surrounding area;
2. The use shall not result in significant traffic, parking, drainage, fire protection, or other adverse
impacts;
3. The temporary use shall be reviewed every six months to determine if the temporary use is still
valid; if not, the department shall terminate the TUP; and
4. The temporary use shall be vacated upon completion of the associated construction project or
pursuant to SVMC 19.160.040(C)(3).
D. Temporary Uses Associated with Residential Visitation. The department may issue a TUP for activities
associated with guests parking and/or occupying a recreational vehicle on private property while visiting
the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive 12-
month period. The department may issue a TUP if it finds the proposal is consistent with the following:
1. The use shall not pose a hazard or be a detriment to the surrounding area;
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2. The use shall be contained entirely on the lot where the dwelling unit is located and shall not be
on public right-of-way; and
3. The use shall provide a sanitary facility if the depai tment determines it is necessary to do so.
Section 5. Other Sections Unchanged. All other provisions of chapter 7.05 SVMC and chapter 19.65
SVMC not specifically referenced hereto shall remain in full force and effect.
Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause, or phrase in this Ordinance.
Section 7. Effective Date. This Ordinance shall be in full force and effect five days after publication of
this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided
by law.
Passed by the City Council this day of July, 2022.
ATTEST:
City of Spokane Valley
Pam Haley, Mayor
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 22-010 Regarding Nuisances Page 11 of 11
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: July 19, 2022 Department Director Approval: ❑
Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Department of Commerce/Washington State Department of
Transportation Funding for Camp Hope - Update
GOVERNING LEGISLATION: NA
PREVIOUS COUNCIL ACTION TAKEN: Administrative Report on June 28, 2022; Administrative
Report on proposal for use of first 30% tranche on July 12, 2022
BACKGROUND:
The Department of Commerce has put out an RFP (request for proposal) to address "Camp
Hope," a large homeless camp located on WSDOT property at 2nd Avenue and Ray Street in the
City of Spokane . The amount of $24.3 million has been set aside from several sources to be
used specifically for the purpose of re -locating and housing individuals from this camp. The camp
currently houses over 600 individuals.
According to the RFP: "The Department is offering priority counties the opportunity to submit a
unified (one per county) multijurisdictional proposal (including the county and cities in which the
priority sites have been identified) to use the initial offer funding." If a multijurisdictional proposal
is not submitted, or if the proposal is deemed insufficient, the Department of Commerce has
indicated they will next entertain proposals from area service providers. The proposal, and signed
partner Memorandums of Understanding (MOU) are due July 21 st
The RFP states that no more than 50% of the units may be temporary (e.g., shelters and
transitional housing). Additionally, a majority of proposed beds should be available no later than
August 2022. Representatives from the Department of Commerce have indicated they are willing
to allow up to one year for the proposed permanent housing solutions to become fully available.
A regional group consisting of staff and elected officials from the City of Spokane, Spokane
County, City of Spokane Valley, and Spokane Housing Authority has been meeting to develop a
regional proposal. The City of Spokane has taken the lead status on developing the proposal and
on July 12, 2022, City Council gave consensus to support the proposal for use of the initial 30%
of the funding towards assessment, purchase of a motel in the City of Spokane, purchase and
installation of 30 two -person pods in Spokane's Trent shelter site, and operational costs for
transportation services. The first 30% would provide approximately 100-110 permanent
supportive housing units, with an additional 60 shelter units through the pods at the Trent shelter.
The City of Spokane, in collaboration with the regional group, has been developing a proposal for
use of the remaining 70% of Commerce funds to address Camp Hope and is now seeking input
and buy -in from Spokane County, the City of Spokane Valley, and the Spokane Housing Authority
(SHA).
Due to the short time period, the proposal was still being developed at the time of this RCA and
will be provided to City Council Tuesday, July 19, for consideration.
As outlined in previous RCAs, staff are aware that people from Spokane Valley are living in Camp
Hope and if Camp Hope is broken up, they will likely return to Spokane Valley. Consequently, it
is important for City Council to carefully consider the proposals being presented to allow the City
to address and direct those coming to Spokane Valley to the appropriate shelter or housing that
is ultimately funded from the Commerce grant.
Staff have looked at whether Commerce funds could be utilized to purchase and stand up a
Spokane Valley shelter. Any shelter would be subject to the City's adopted code which would
allow a maximum of 20 shelter beds. However, due to the very short timeline, staff do not believe
that a site could be identified and appropriate due diligence conducted in a manner which would
meet Council's expectations. Thus, at this time, staff are not recommending use of the funds
towards a Spokane Valley shelter. Staff continue to work on a draft action plan on homelessness
and will bring that forward as soon as it is completed.
OPTIONS: Discussion.
RECOMMENDED ACTION OR MOTION: Discussion.
BUDGET/FINANCIAL IMPACTS: None at this time.
STAFF CONTACT: John Hohman, City Manager; Erik Lamb, Deputy City Manager; Eric
Robison, Housing and Homeless Coordinator
ATTACHMENTS: Commerce Rights of Way RFP
City of Spokane Proposal for use of initial 30% tranche
City of Spokane Valley Letter of support of initial 30% tranche
Spokane County Letter of support of initial 30% tranche
AMA Washington State
v4b Commerce RIGHTS OF WAY INITIATIVE
Rights of Way Initiative Process and Requirements
Goal
Quickly move people out of prioritized state rights of way and into better living situations.
Process
The state has identified five priority counties in which it will focus initial initiative efforts, and will create a list
of priority rights of way in each county. The state's goal is to address as many prioritized rights of way as
possible with available resources.
Initial process and use of funds
In the interest of promptly beginning the process of moving people to safer living situations, while providing
more time for additional planning and feedback to build on the work to date, Commerce and state agencies
may enter into MOUs and associated contracts and spend up to 30% of the funds for outreach and shelter or
housing prior to the next stage of planning and stakeholder feedback. Conditions for the initial funding include:
1. The funded organizations must have a recent history of housing or providing outreach to people
experiencing homelessness in alignment with these guidelines.
2. The county and city associated with the housing or shelter and outreach do not raise concerns that
would dissuade the Department from proceeding with prompt procurement of the housing or
shelter and outreach.
3. Housing or shelter and outreach must comply with the habitability, access and other requirements
described below.
Process for longer term use of funds
The Department is offering priority counties the opportunity to submit a unified (one per county)
multijurisdictional proposal (including the county and cities in which priority sites have been identified) to use
the initial offer of funding.
Proposals should:
1. Aim to quickly set -aside existing or create as many beds as possible given available funding to
house or shelter people living in state rights of way, with the goal of having the majority of proposed
beds available no later than August 2022.
2. Offer housing or shelter that is:
RIGHTS OF WAY INITIATIVE PROCESS AND REQUIREMENTS 1
V3.0
a. Safer than living in a right of way;
b. A meaningful improvement over living in a right of way; and
c. Better addresses an individual's assessed needs.
3. Provide shelter or housing options that accommodate single people, couples, families, and pets.
4. Include the provision of outreach to assess the needs of people living in identified rights of way and
make good -faith offers of shelter or housing to them.
5. Include providing services that actively help people living on rights -of -way move to permanent
housing situations.
6. Describe how people moved into shelter or housing will be supported by staff who have
successfully operated housing aligned with the Housing Accessibility requirements described
below.
7. Describe how costs are aligned with market rates and similar efforts in the area, and include details
on the number of beds or units funded, the expected number of people housed in those beds or
units, operating costs per bed or unit, and services costs per bed or unit.
8. Detail the number of staff, staff costs, and other costs associated with outreach and services.
9. Ensure no more than 50% of units dedicated to people living in rights of way are intended in the long
term to be temporary living situations (e.g., shelters and transitional housing).
Collection of feedback regarding county and statewide efforts
As part of the proposal development process, applicants must actively engage and collect feedback from local
homeless and affordable housing providers, homeless outreach providers, and homeless and affordable
housing advocates regarding:
a. The proposed use of funding in the county
b. Types of housing and habitability standards governing the funded shelter and housing
c. The roles, policies, and procedures governing outreach and law enforcement engagements with
people at prioritized sites
d. Changes the state should make regarding the overall state initiative
e. Other issues of concern identified by participants
Feedback provided must be summarized and submitted as part of the proposal, and copies of written
feedback must be forwarded to the Department.
If local governments from the five priority jurisdictions associated with priority sites are not able to assemble a
viable proposal by July 21, 2022, or if before then it is clear a viable proposal is not forthcoming, Commerce
may choose to pursue direct contracts with individual local governments, a subset of local governments
RIGHTS OF WAY INITIATIVE PROCESS AND REQUIREMENTS 2
V3.0
working together, or non-profit organizations with experience engaging and housing people experiencing
homelessness.
Funding will be guided by memorandums of understanding signed by state agencies, local governments, and
non-profit organizations who are parties to each regional plan. The MOUs will define the specific
responsibilities of each signatory, including the provision of outreach, housing, funding, law enforcement if
needed, and a plan to maintain prioritized sites after people have moved. State funding will be awarded to one
or more organizations in each county in alignment with the signed MOUs.
Funding allocations may be adjusted to favor local governments or non-profit organizations who are able to
quickly implement outreach and housing at scale to move people out of rights of ways starting immediately,
with a focus on the majority of funded beds being available in the summer of 2022.
Available Funding (estimates)
Types of funding available:
Flexible Proviso Funds - Proviso funding intended to be ongoing for services, operations, outreach, acquisition,
capital improvements, and other flexible uses (ongoing multi -year awards available).
Home Security Funds — Funds from a dedicated recording fee for services, rapid re -housing (i.e., temporary
rent assistance), housing acquisition, hotel vouchers, and project -based vouchers. County governments have
right of first refusal. One-time funding, but awards can be stretched over up to three years.
Rapid Capital Acquisition Funds - One-time capital funds for enhanced emergency shelters, permanent
supportive housing, transitional housing, permanent housing, or shelter; and renovation costs associated with
the previous allowable uses. Acquired facilities must be used for at least 40 years as low income housing.
Estimated funding available to each county is determined using a formula that includes base funding ($15
million per county), and distributes the balance of funding ($129 million) proportional to the number of people
experiencing homelessness in each county as per the July 2021 Snapshot of Homelessness in Washington
State.
King
Pierce
Snohomish
Spokane
$46,927,584
$30,255,489
$22,910,681
$24,304,192
Thurston $19,602,054
TOTAL $144,000,000
RIGHTS OF WAY INITIATIVE PROCESS AND REQUIREMENTS 3
V3,0
The amounts and types of funding provided to each county will be adjusted to best match rapid
implementation of this initiative.
Allowable Housing Types and Related Costs
Acquisition, renovation, leasing, operating, maintenance, tenant leasing, and associated services costs for:
•
•
Apartments and houses
Permanent supportive housing, homeless shelters, and transitional housing
Hotels and motels
Dormitories
Temporary shelter sites including tiny homes, tents, authorized encampments, or similar living
situations. This designation requires use approval, as required by the local jurisdiction. This could
be conditional or temporary use permits, or a zoning letter stating approval.
Funding can be used for outreach, assessment, transportation, and other costs associated with moving people
into set -aside housing.
Funded units/beds and outreach can be used to assist people experiencing homelessness who are not living
on prioritized rights of way if the Department determines the beds are no longer needed to transition people
who live on state rights of way. The State is committed to finding and implementing an appropriate balance
between the need to hold funded units for people living on rights of way and ensuring that bed utilization is
maximized to bring people inside who are living unsheltered on non -state land.
Housing Safety and Habitability Requirements
All funded living situations must protect occupants from the elements and not pose a threat to health or
safety.
Accommodations must be made for people who use wheelchairs or mobility devices, as needed, and
reasonable accommodations must be made for other disabilities.
All funded living situations must provide:
• Access to hygiene facilities, including toilets, handwashing and garbage containers, all of which are
serviced frequently
Access to storage for the belongings
Cleaning services to support hygienic living situations
Access to habitable temperatures
RIGHTS OF WAY INITIATIVE PROCESS AND REQUIREMENTS 4
V3.0
• Reasonable proximity to the right of way from which the person was moved, and reasonable access
to transportation to local services
Funded living situations should also provide:
• Access to personal hygiene products
• Access to food and beverages and food that is in accordance with the participant's religious and
cultural beliefs and personal practices
Access to laundry facilities
Access to electricity
Housing Accessibility
•
•
•
•
Housing and shelter beds funded by this initiative must have realistic and clear expectations. Rules
and policies must be narrowly focused on maintaining a safe environment for participants and the
community and avoiding exits to homelessness. Housing and shelters must have flexible intake
processes and require minimal documentation.
At a minimum, people must not be screened out based on the following criteria:
Having little or no income
Having poor credit or financial history
Having poor or lack of rental history or evictions
Having involvement with criminal justice system
Having active or a history of alcohol and/or substance use
Having been impacted or affected by crime
The type or extent of disability -related services or supports that are needed
Lacking identification or proof of U.S. Residency Status
Other behaviors that are perceived as indicating a lack of "housing readiness," including resistance
to receiving services
• If a program serves households with children, the age of a minor child cannot be used as a basis for
denying any household's admission to the program
Housing can be oriented to moving people to more permanent housing, but housing may not have
strict stay limits. Participants must not be exited to homelessness solely due to the number of days
residing in housing.
Participants must not be terminated from the program for the following reasons:
RIGHTS OF WAY INITIATIVE PROCESS AND REQUIREMENTS 5
V3.0
•
Failure to participate in supportive services or treatment programs
Failure to make progress on a housing stability plan
Alcohol and/or substance use in and of itself is not considered a reason for termination
If a participant is terminated from the housing due to violating rules focused on maintaining a safe
environment, there must be a process in place for the participant to re -enroll in the housing at a
later date when the behavior has resolved.
Housing and shelter must comply with local, state, and federal nondiscrimination requirements, including not
discriminating based on religion, gender identity, or sexual orientation.
Reporting
Funding recipients are required to report to the Department every 60 days:
1. Number of people on the rights of way engaged by the recipient
2. Age, gender, race, and ethnicity of people engaged
3. Type and duration of engagement with individuals living on rights of way
4. Types of housing or shelter options that were offered
5. The number of individuals who accepted offered housing or shelter
6. The types of assistance provided to move individuals into offered housing
7. Services and benefits in which an individual was successfully enrolled
8. Housing outcomes of individuals who were placed into housing six months and one year after
placement
9. Number of people arrested or fined in association with a prioritized site
Commerce will publish a report on the race and ethnicity of those engaged and housed, comparing it to other
subgroups to identify disparities.
Contacting the Department of Commerce
Proposals in responses to this solicitation should be sent to Tedd Kelleher, tedd.kelleher@commerce.wa.gov.
Questions and comments can be asked via email or by calling Tedd Kelleher at (360) 725-2930.
RIGHTS OF WAY INITIATIVE PROCESS AND REQUIREMENTS 6
V3.0
COMMUNITY, HOUSING, AND HUMAN
SERVICES DEPARTMENT
808 W. SPOKANE FALLS BLVD.
SPOKANE, WASHINGTON 99201
509.625.6325
FAX 509.625.6315
July 11, 2022
RE: Department of Commerce Right of Way (ROW) Funding, 30% tranche
TO: Mr. Tedd Kelleher
Senior Managing Director
Housing Assistance Unit, Community Services and Housing Division
Washington State Department of Commerce
Dear Mr Kelleher,
We have activated a mufti -jurisdiction and agency response that includes Spokane County, City of
Spokane, City of Spokane Valley, the Spokane Housing Authority as the lead agencies to develop a
regional proposal for State Commerce. This proposal includes a robust partnership of service providers
to assist in getting actions done in the short and longer term.
In coordination with other agencies, we would declare a homelessness emergency as a companion to
the housing emergency declaration by Spokane Mayor Nadine Woodward already in place and would
expand that to other jurisdictions as they determine.
30% of the allocated $24,000,000 is $7,200,000 that is recommended as below.
Initial 30% ($7,200,000) Action Steps
Bed Spaces
Cost Estimates
and Date
Propose a mufti -agency coordinated response to provide onsite
Required
$500,000 (est.)
assessments and case management at the WADOT site to include
precursor
August
a multi -discipline and integrated medical care approach to this
to identify
vulnerable population that develops the best housing, supportive
best
housing, or shelter solution based on an individual's needs. This
housing
assessment plan includes follow-up for a year after transition to
ensure ongoing needs are met and individuals have the support
needed not to return to street homelessness. Agreements are in
progress with:
solution
• The United Way
• Spokane Neighborhood Action Partners (SNAP)
• Providence
• Compassionate Addiction Treatment (CAT)
• CHAS Street Medicine
• Revive
• Jewels Helping Hands
Commit to purchase and rehab a motel on Sunset Highway to
create 88 affordable housing units for 100-110 people within 90
days of funding. This property was to be a Permanent Supportive
Housing (PSH) acquisition and can accelerate the occupation and
defer the improvements to convert to PSH incrementally over the
next 2-3 years by sets of rooms. (CCEW)
100-110
$6,000,000 (est.)
Rapid capital
acquisition
August
Provision for approximately 30 2-person living pods as transitional
space in the new -large capacity Trent shelter to help people on the
journey back to permanent housing. Expand shelter infrastructure
for more permanent restroom, shower, laundry, and ADA
accessibility for sustained use (Trent Shelter, Guardians/TSA)
60
transitional
2-person
pods
$600,000 (est.)
September
Establish transportation partnership with STA and shelter
operators for 3x day loop to include WADOT site, shelters and
service providers. First year cost.
Cyclical
transit
$120,000
30% FUNDING
$7,220,000
reean Beggs, City Council President
Membe
r, y Dist. 3
one it Council
011-1.01,
Lori Kinnear, City Council Member, Dist. 2
a1044/2e.
Nadine Woodward, Mayor, City of Spokane
Spokane
.000 Valley
July 13, 2022
10210 E Sprague Avenue ♦ Spokane Valley WA 99206
Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 ♦ www.spokanevalley.org
Email: cityhall@spokanevalley.org
spokanevalley.org
Mr. Tedd Kelleher
Senior Managing Director
Housing Assistance Unit, Community Services and Housing Division
Washington State Department of Commerce
RE: Department of Commerce Right of Way (ROW) Funding, 30% tranche
Dear Mr. Kelleher,
On behalf of the City of Spokane Valley City Council, please accept this letter of support for the
initial 30% request of ROW funding as outlined in the document provided by the City of
Spokane on July 11, 2022 and signed by Mayor Woodward, Council President Beggs,
Councilmember Kinnear, and Councilmember Zappone.
Spokane Valley has been a strategic partner and stakeholder with the City of Spokane, Spokane
County, and the Spokane Housing Authority to develop a regional proposal for the State
Commerce ROW funding. The City of Spokane Valley acknowledges that the City of Spokane
will serve as the fiscal agent for any fiends awarded for ROW purposes outlined in the initial
30% request on behalf of the regional stakeholders.
To date, the above -mentioned entities have been working collaboratively seeking solutions for
those who find themselves inhabiting ROW locations throughout the region. This issue is one of
the most significant challenges facing the region and the City of Spokane Valley is committed to
participate in current and upcoming conversations on potential solutions that will hopefully bring
better outcomes for both individuals and the region as a whole.
Sincerely,
c)Pet-
013
Mayor Pam Haley
Encl: City of Spokane funding plan for 30% tranche letter.
Spokane County
OFFICE OF COUNTY
COMMISSIONERS
Josh Kerns, l S1 District I Mary L. Kuncy, 2" d District I Al French, 31.4 District
July 12, 2022
Mr. Tedd Kelleher
Senior Managing Director
Housing Assistance Unit, Community Services and Housing Division
Washington State Department of Commerce
Re: Department of Commerce Right of Way (ROW) Funding, 30% tranche
Dear Mr. Kelleher,
Please accept this letter of support for the initial 30% request of ROW funding as outlined in the
document provided by the City of Spokane on July 11, 2022 and signed by Mayor Woodward,
Council President Beggs, Council Member Kinnear, and Council Member Zappone.
Spokane County has been a strategic partner and stakeholder with the City of Spokane, City of
Spokane Valley, and the Spokane Housing Authority to develop a regional proposal for the State
Commerce ROW funding. Spokane County acknowledges that the City of Spokane will serve
as the fiscal agent for all funds awarded for ROW purposes in Spokane County.
To date, the above -mentioned entities have been working collaboratively seeking solutions for
those who find themselves inhabiting ROW locations. We are striving to bring better outcomes
for both individuals and the community as a whole.
Sincerely,
Mary
hair Al French, V e Chair . sh Kerns, Commissioner
Enclosure: City of Spokane funding plan for 30% tranche letter (1)
1116 WEST 13ROADWAY AVENUE, SPOKANE, WA 99260-0100
(509)477-2265
DRAFT
ADVANCE AGENDA
as of July 14, 2022; 9:30 a.m.
Please note this is a work in progress; items are tentative
To: Council & Staff
From: City Clerk, by direction of City Manager
Re: Draft Schedule for Upcoming Council Meetings
July 26, 2022, Formal Meeting, 6:00 p.m. [due Tue July 19]
Proclamation: National Night Out
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Second Reading Ordinance 22-010 Nuisance, Code Enforcement — Cary Driskell, Erik Lamb, Bill Helbig (15 min)
3. Motion Consideration: Potential Grant Opportunity, Transportation Improvement Board — Adam Jackson (5 minutes)
4. Admin Report: Midilome Neighborhood Swales — Gloria Mantz
5. Admin Report: Law Enforcement Contract — Erik Lamb, Morgan Koudelka
6. Admin Report: Advance Agenda — Mayor Haley
7. Info Only: Department Monthly Reports
(10 minutes)
(20 minutes)
(5 minutes)
[*estimated meeting: 60 mins]
Auj'ust 2, 2022, Study Session, 6:00 p.m. — meeting cancelled (National Night Out)
August 9, 2022, Formal Meeting, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Mercer International Inc. — Susan Nielsen
3. Admin Report: Pavement Management Funding Discussion — Bill Helbig Adam Jackson
4. Admin Report: Advance Agenda — Mayor Haley
[due Tue Aug 2]
(5 minutes)
(10 minutes)
(20 minutes)
(5 minutes)
[*estimated meeting: 40 mins]
August 16, 2022, Study Session, 6:00 p.m.
ACTION ITEMS:
1. Motion Consideration: Council Goals & Priorities for Use of Lodging Tax — Chelsie Taylor
NON -ACTION ITEMS:
2. Homeless Program Update — Eric Robison et al
3. TPA Update — Mike Basinger
4. Council 2023 Budget Goals — John Hohman Chelsie Taylor
5. Advance Agenda — Mayor Haley
[due Tue Aug 2]
(15 minutes)
(30 minutes)
(15 minutes)
(15 minutes)
(5 minutes)
[*estimated meeting: 80 mins]
August 23, 2022, Formal Meeting, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. First Reading Ordinance Re TPA — Mike Basinger
3. Admin Report: 2023 Budget, Estimated Revenues & Expenditures — Chelsie Taylor
4. Admin Report: Advance Agenda — Mayor Haley
5. Info Only: Department Monthly Reports
August 30, 2022, Study Session, 6:00 p.m.
1. Advance Agenda — Mayor Haley
Sept 6, 2022, Study Session, 6:00 p.m.
1. Advance Agenda — Mayor Haley
[due Tue Aug 16]
(5 minutes)
(20 minutes)
(15 minutes)
(5 minutes)
[*estimated meeting: 45 mins]
Sept 13, 2022, Formal Meeting, 6:00 p.m.
1. PUBLIC HEARING #1: 2023 Budget: 2023 Revenues, Includes Property Taxes
2. Consent Agenda (claims, payroll, minutes; motion to set Budget Hearing for 10/11)
3. Second Reading Ordinance Re TPA — Mike Basinger
4. Admin Report: Advance Agenda — Mayor Haley
Sept 20, 2022, Study Session, 6:00 p.m.
1. Outside Agency presentations (5 minutes each) — Dan Domrese
2. Proposed Ordinance Adopting 2023 Property Taxes — Chelsie Taylor
3. Advance Agenda — Mayor Haley
[due Tue Aug 23]
(5 minutes)
[due Tue Aug 30]
(5 minutes)
[due Tue Sept 6]
(10 minutes)
(5 minutes)
(10 minutes)
(5 minutes)
[*estimated meeting: 30 mins]
[due Tue Sept 13]
(-110 minutes)
(10 minutes)
(5 minutes)
[*estimated meeting: 125 mins]
Draft Advance Agenda 7/14/2022 1:47:32 PM Page 1 of 2
Sept 27, 2022, Study Session, 6:00 p.m.
1. Advance Agenda — Mayor Haley
October 4, 2022, Study Session, 6:00 p.m.
1. City Manager Presentation of 2023 Preliminary Budget — John Hohman
2. Advance Agenda — Mayor Haley
Oct 11, 2022, Formal Meeting, 6:00 p.m.
1. PUBLIC HEARING #2: 2023 Budget: Preliminary Budget
2. First Reading Property Tax Ordinance — Chelsie Taylor
3. Consent Agenda (claims, payroll, minutes)
4. Admin Report: 2022 Budget Amendment — Chelsie Taylor
5. Admin Report: Advance Agenda — Mayor Haley
Oct 18, 2022, Study Session, 6:00 p.m.
1. Advance Agenda — Mayor Haley
Oct 25, 2022, Formal Meeting, 6:00 p.m.
1. PUBLIC HEARING: 2022 Budget Amendment — Chelsie Taylor
2. First Reading Ordinance Amending 2022 Budget — Chelsie Taylor
3. Consent Agenda (claims, payroll, minutes)
4. Second Reading Property Tax Ordinance — Chelsie Taylor
5. First Reading Ordinance Adopting 2023 Budget — Chelsie Taylor
6. Motion Consideration: Outside Agency Grant Awards — Dan Domrese
7. Admin Report: Advance Agenda — Mayor Haley
8. Info Only: Department Monthly Reports
Nov 1, 2022, Study Session, 6:00 p.m.
1. Advance Agenda — Mayor Haley
Nov 8, 2022, Formal Meeting, 6:00 p.m.
1. PUBLIC HEARING #3: 2023 Budget — Chelsie Taylor
2. Consent Agenda (claims, payroll, minutes)
3. Second Reading Ordinance Amending 2022 Budget — Chelsie Taylor
4. Second Reading Ordinance Adopting 2023 Budget — Chelsie Taylor
5. Admin Report: LTAC Recommendations to Council — Chelsie Taylor
6. Admin Report: Advance Agenda — Mayor Haley
7. Info Only: Department Monthly Reports
Nov 15, 2022, Study Session, 6:00 p.m.
1. Advance Agenda — Mayor Haley
Nov 22, 2022, Formal Meeting, 6:00 p.m.
1. Consent Agenda (claims, payroll, minutes)
2. Admin Report: 2023 Fee Resolution — Chelsie Taylor
2. Admin Report: Advance Agenda — Mayor Haley
3. Info Only: Department Monthly Reports
Nov 29, 2022 — meeting cancelled — Thanksgiving holiday
*time for public or council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
Appleway Trail Amenities
Basement space
Castle Park
CDBG Interlocal
Consolidated Homeless Grant
Continuum of Care (info item)
Core Beliefs Resolution
Gang Activity
Gov. Auth. Emergencies (info)
Mirabeau Park Forestry Mgmt.
Neighborhood Restoration
NLC Summit Nov 16-19
Park Lighting
PFD Presentation
Prosecutor Services
Residency
[due Tue Sept 20]
(5 minutes)
[due Tue Sept 27]
(25 minutes)
(5 minutes)
[due Tue Oct 4]
(10 minutes)
(10 minutes)
(5 minutes)
(10 minutes)
(5 minutes)
[due Tue Oct 11]
(5 minutes)
[due Tue Oct 18]
(5 minutes)
(10 minutes)
(5 minutes)
(10 minutes)
(10 minutes)
(10 minutes)
(5 minutes)
[*estimated meeting: 55 mins]
[due Tue Oct 25]
(5 minutes)
[due Tue Nov 1]
(5 minutes)
(5 minutes)
(10 minutes)
(10 minutes)
(15 minutes)
(5 minutes)
[*estimated meeting: 50 mins]
[due Tue Nov 8]
(5 minutes)
[due Tue Nov 15]
(5 minutes)
(10 minutes)
(5 minutes)
[*estimated meeting: 55 mins]
SCRAPS Update
St. Illumination (owners, cost, location)
St. O&M Pavement Preservation
Vehicle Wgt Infrastructure Impact
Water Districts & Green Space
Way Finding Sign
Draft Advance Agenda 7/14/2022 1:47:32 PM
Page 2 of 2